Illinois Central Railroad v. Sanford
Mississippi Supreme Court
From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The facts are stated in the opinion of the court. Section 1761 of the code does not, and in the nature of things cannot, have reference to corporations. The section provides: “If the testimony of a party to a suit who resides out of the state be desired by the adverse party, interrogatories to him may be filed in the clerk’s office,” etc.
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From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The facts are stated in the opinion of the court. Section 1761 of the code does not, and in the nature of things cannot, have reference to corporations. The section provides: “If the testimony of a party to a suit who resides out of the state be desired by the adverse party, interrogatories to him may be filed in the clerk’s office,” etc. It is manifest, we think, that this section can, in the very nature of things, only apply to such parties, natural persons, who, if amenable to the process of court, could be…
1Opinion of the CourtTerral, J.
Flora Sanford, by next friend, sued the Illinois Central Rail*866road Company, in the sum of two thousand dollars, for breach of duty as common carriers of passengers. She filed her declaration on January 11, 1897, and the defendant pleaded not guilty on the twenty-fourth of the ensuing February. On June 18, 1897, the plaintiff filed fourteen interrogatories, addressed to the Illinois Central Railroad Company, based upon § 1761, code 1892, which is as follows: "If the testimony of a party to the suit, who resides out of the state, be desired by the adverse party, interrogatories to him may be…
2Cases cited2 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- N. O., J. & G. N. R. R. v. WallaceMississippi Supreme Court · 1874
3Cited by8 opinions
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- Wagley v. Colonial Baking Co.Mississippi Supreme Court · 1950
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- Cumberland Telephone & Telegraph Co. v. StateMississippi Supreme Court · 1910
- Rukavina v. New York Central RailroadOhio Court of Appeals · 1964
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