Chinn v. Foster-Milburn Co.

Citations

• 195 F. 158
• 1912 U.S. Dist. LEXIS 1628

Syllabus

<p>1. Courts (§ 344*)—United States Courts—Jurisdiction—Service of Process. . •</p> <p>A federal court does not acquire jurisdiction over a foreign corporation unless it is served with process within the jurisdiction of the court and is doing business within the state, unless there is waiver by general appearance or otherwise of want of due process.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 917; Dec. Dig. § 344.*]</p> <p>2. Corporations (§ 668*)—Process—Service—Return—Evidence.</p> <p>A return of service of summons on a foreign corporation sued in a state court, which recites the delivery of a true copy on the managing agent of the corporation found in the county, that such managing agent was the only agent of the corporation in the county, that the corporation is a nonresident, and that none of its principal officers reside in the state, and that all of the officers excepting the managing agent are absent from the state, is prima facie evidence of legal service.</p> <p>[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 2603-2627; Dec. Dig. 1 668.*</p> <p>Service of process on foreign corporation, see notes to Eldred v. American Palace Car Co., 45 C. C. A. 3; Celia Commission Co. v. Bohlinger, 78 C. C. A. 473.]</p> <p>3. Judgment (§ 828*)—Foreign Judgments—Conclusiveness.</p> <p>Where a foreign corporation sued in a state court moved to quash the service of summons on the ground that it was not doing business in the state, and that the process was not served on an agent representing it in its business, and submitted affidavits in opposition to the return of service, establishing prima facie evidence of legal service, the decision of the state court that it acquired jurisdiction over the foreign corporation by'reason of the service was conclusive on the corporation, and it could not relitigate the question in an action in the federal court on the judgment rendered against it by the state court.</p> <p>[Ed. Note.—For other cases, see Judgmen