Shackleford v. Mississippi Central Railroad

Citations

• 52 Miss. 159

Syllabus

<p>1. Railroad Companies : Consolidation. Scire facias. Case in judgment.</p> <p>At common law, in case of natural persons, the death of defendant in error did notábate the writ, but the case proceeded to judgment, and afterward the judg- - ment was revived by scire facias. Our statutedoes not so extend the writ. The statute, infringing in parties to pending suits, relates to natural persons only. Where a suit is pending against a railroad at the time it consolidates with another road, the plaintiff has the right to treat it as having a separate existence for the prosecution of his.action against it. The action of the legislature authorizing, and the corporation in acting under such authorization, cannot defeat or prejudice the right of plaintiff in suits pending against it. As to such the corporation exists for the purpose of judgment; as to them it has not lost its individuality or identity. The act of the defendant cannot defeat the right of plaintiff.</p>