Taylor v. Union Pac. R.

Citations

• 123 F. 155
• 1903 U.S. App. LEXIS 4886

Syllabus

<p>1. Federal Courts—Following State Decisions—Limitation.</p> <p>The decision of the Supreme Court of a state with respect to the right of a foreign corporation to plead the state statute of limitations is binding on a federal court sitting within the state.</p> <p>2. Limitations—Nebraska Statute—Actions Barred by Laws of Another State.</p> <p>Under Code Civ. Proe. Neb. § 18, which provides that all actions which have been barred by the laws of any other state or territory shall be deemed barred under the laws of that state, a transitory cause of action against a foreign corporation, which has become barred under the laws of the state in which it arose, is barred in Nebraska.</p> <p>8. Same—Pleading—Foreign Corporations.</p> <p>To entitle a corporation to the benefit of the statute of limitations of a state other than that of its creation, it must affirmatively appear from the pleadings that it maintained an agent in such state upon whom service of process could have been made during the time necessary for the action to become barred.</p> <p>¶ 1. State laws as rules of decision in federal courts, see notes to Griffin v. Wheel Co., 9 C. C. A. 548; Wilson v. Perrin, 11 C. C. A. 71; Hill v. Hite, 29 C.C.A 553.</p> <p>See Courts, vol. 13, Cent. Dig. §§ 962, 983.</p>