Archibald v. Miss. & Tenn. R. R.
Mississippi Supreme Court
From the circuit court of Yalobusha county. Hon. W. M. Eogers, Judge. The facts are stated in the opinion. This is a personal, not a real action. It is not a suit for land, but to recover damages for flooding land. It is not a local action under code 1880, § 1498. Even in the two actions made local by said statute, if the land is in two or more counties, the residence of the defendant, if in one of them, controls.
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From the circuit court of Yalobusha county. Hon. W. M. Eogers, Judge. The facts are stated in the opinion. This is a personal, not a real action. It is not a suit for land, but to recover damages for flooding land. It is not a local action under code 1880, § 1498. Even in the two actions made local by said statute, if the land is in two or more counties, the residence of the defendant, if in one of them, controls. Eor the discussion of the subject of the venue in suits against railroads, see 1 Rorer on Railroads 671, and cases cited, and, as decisive of this case, Oa. R. R. & Banking Co. v.…
1Opinion of the CourtArnold, C. J.
The suit was brought by appellants in Yalobusha county, to recover damages for injury to land situated in Panola county, caused by the land being overflowed on account of the manner in which the track of the railroad .company had been constructed along the line of the *426land. The cause was dismissed on motion of appellee, on the ground that the land injured was not located in the county where the suit was brought, and the court was' therefore without jurisdiction.
The common law distinction between local and transitory actions does not exist here. The statute alone governs. The only local…
2Cases cited1 opinion
- Oliver v. LoyeMississippi Supreme Court · 1881
3Cited by10 opinions
- Trust Company Bank v. United States Gypsum CompanyCourt of Appeals for the Fifth Circuit · 1992
- City of Jackson v. WallaceMississippi Supreme Court · 1940
- Clark v. Luvel Dairy Products, Inc.Mississippi Supreme Court · 1998
- Payne v. IveySupreme Court of Florida · 1922
- Jefferson Davis County v. RileyMississippi Supreme Court · 1930
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