Board of Trade v. Hammond Elevator Co.

Citations

• 198 U.S. 424
• 25 S. Ct. 740
• 49 L. Ed. 1111
• 1905 U.S. LEXIS 1077

Syllabus

<p>The authorities, holding that the right of appeal to this court from the Circuit Court, under § 5 of the act of March 3, 1891, is limited to cases . where the jurisdiction of the Federal court as a Federal court is put in issue and that questions of jurisdiction applicable alike to the state and the Federal courts are not within its scope, apply to questions arising after a valid service has been made and not to the question of whether jurisdiction has or has not been acquired by proper service.</p> <p>This court can review by appeal under § 5 a judgment of the Circuit Court dismissing the bill on the sole ground that jurisdiction had never been acquired over the defendant, a foreign corporation, for lack of proper . service of process.</p> <p>A Delaware corporation having its principal office in Indiana, and continuously carrying on a grain and stock brokerage business through the same persons in Illinois under an arrangement practically equivalent to agency, held, under the circumstances of this case, and in view of the statutes of Illinois as to service on foreign corporations, to be carrying on business in Illinois, and that service on such persons of process in a •suit against it in the Circuit Court of the United States for Illinois was sufficient.</p>