Barnes v. Western Union Tel. Co.

Citations

• 120 F. 550
• 1903 U.S. App. LEXIS 5292

Syllabus

<p>1. Foreign Corporation — Action against — Jurisdiction.</p> <p>A corporation which is a citizen of New York, and carries on its business through an agent in the Southern District of Georgia, may be sued there by a citizen of Georgia who resides in that district, and service may be effected on the local agent.</p> <p>2. Telegram — Failure to Deliver — Negligence.</p> <p>Where a telegraph company accepts a message relating to the sale of a valuable horse for which an offer has been made, and fails to deliver a written copy of the message to the person for whom it was intended, although his residence is in the delivery circle of the defendant, but on the contrary sends the message by telephone to the wife of a rival horse dealer, who leaves it exposed in the public office of an inn where horse dealers congregate, and it is alleged that from the publicity thus given the sale is defeated, with loss to the sender, the questions of negligence and consequent injury are for the jury.</p> <p>8. Process — Irregularity of Service — Waiver.</p> <p>Where a United States marshal is the plaintiff in an action, and service of process is effected by his deputy, and no actual injury results and no intentional wrong is charged, if the defendant appears by attorney and files a special appearance to deny jurisdiction, and also files a motion to dismiss for irregular service, and also a demurrer on one day, and four days later, without having a decision on these defenses, files a general demurrer and a full answer to the merits, helé tha.t he has waived the irregularity of process.</p> <p>4. Pleading — Withdrawal—Delay.</p> <p>Where the application of an attorney for the defendant for leave to withdraw his demurrer and answer, in order to insist on the technical irregularity of service, can only serve to delay the trial of the case on the merits, the application will be denied.</p> <p>(Syllabus by the Court.)</p> <p>¶ 1. See Corporations, vol. 12, Cent. Dig. §§ 2610, 2611, 2616.</p>