Ball v. Mabry

Simmons, Justice.

1. Mabry brought an action for damages in the superior court of Polk county against Ball, as receiver of the East & "West Railroad of Alabama under appointment of the circuit court of the United States, alleging that he was injured by the negligence of the defendant’s agents and servants while a passenger on a train on that road. Ball filed a plea in which he alleged that “he is now, and was at the time of the bringing of this action, a resident of Cartersville in the county of Bartow in the State of Georgia, and is not now, nor has he ever been, a resident of said county of…