Elk Garden Co. v. T. W. Thayer Co.

Citations

• 179 F. 556
• 1910 U.S. App. LEXIS 5425

Syllabus

<p>1. Courts (§ 269*) — “Local Action” — Ejectment.</p> <p>Ejectment is a local actiop sucli as can foe maintained only in the district where the land lies (citing 5 Words and Phrases, 4202).</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 809; Dec. Dig. § 269.*]</p> <p>2. Courts (§ 274*) — Foreign Corporations — Process—Service—“Found.”</p> <p>A foreign corporation is “found” within a federal judicial district, within Judiciary Act March 3, 1875,' c. 137, § 1, 18 Stat. 470 (U. S. Comp. St. 1901, p. 508) providing that no civil suit shall foe brought by original process or proceeding in any other district than that whereof defendant is an inhabitant or in which he shall be “found” at the time of serving such process or commencing the suit, where process was served on an agent of such corporation within the district designated by the defendant for service of process under the state law.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 814; Dec. Dig. § 274*</p> <p>For other definitions, see Words and Phrases, vol. 3, p. 2927; vol. 8, p. 7666.</p> <p>Service of process on foreign corporations, see notes to Eldred v. Ajmerican Palace Car Co., 45 C. C. A. 3; Celia Commission Co. v. Bohlinger, 78 C. O. A. 473.]</p> <p>3. Courts (§ 844*)¡ — Federal Courts — Jurisdiction—“Suit.”</p> <p>The word “suit” includes an action at law as well as a proceeding in equity (citing 7 Words and Phrases, 6769), and should be so construed as used in Judiciary Act March 3, 1875, c. 137, § 8, 18 Stat. 472 (TJ. S. Comp. St. 1901 p. 513).</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 344.*]</p> <p>4. Courts (§ 269*) — -Federal Courts — Jurisdiction—Local Action — Nonresident Defendant.</p> <p>Act Cong. March 3, 1887, c. 373, 24 Stat. 552 (U. S. Comp. St. 1901, p. 508), provides that no civil suit shall be brought before either of the federal courts of original jurisdiction against any person or by any original process or proceeding in any other district