A. L. Wolff & Co. v. Choctaw, O. & G. R. Co.

Citations

• 133 F. 601
• 1904 U.S. App. LEXIS 5118

Syllabus

<p>1. Jurisdiction of Federal Courts.</p> <p>Under Act March 3, 1887, c. 373, 24 Stat. 552 [U. S. Comp. St. 1901, p. 508], a party cannot be sued in a federal court in any district other than that of which he is an inhabitant, except when the jurisdiction is invoked only upon the ground of a diversity of citizenship the action may be maintained in the district of the residence of either the plaintiff or the defendant; but, as this provision of the law is merely a privilege for the benefit of the defendant, he may waive it.</p> <p>2. Same — Against Federal Corporations.</p> <p>An action against a corporation created by an act of Congress is one arising under the laws of the United States, and under the act of March 3, 1887, c. 373, 24 Stat. 552 [U. S. Comp. St. 1901, p. 508], can only be maintained in a federal court of the district of which it is an inhabitant (i. e., has its principal offices and transacts its corporate business), regardless of the residence of the plaintiff.</p> <p>3. Residence of Corporation.</p> <p>A corporation is an inhabitant of the state and district in which its principal offices are, and its corporate business is transacted. The fact that it is doing business in a state or district other than that in which it has its residence, although it has, in compliance with the laws of such other state, consented to be sued in its courts, and for that purpose appointed an agent upon whom legal process may be served, does not make it an inhabitant of such state or district, within the meaning of the act of March 3, 1887, c. 373, 24 Stat. 552 [U. S. Comp. St. 1901, p. 508].</p> <p>(Syllabus by the Court.)</p>