Goldey v. Morning News

Citations

• 156 U.S. 518
• 15 S. Ct. 559
• 39 L. Ed. 517
• 1895 U.S. LEXIS 2157

Syllabus

<p>Section 1011 of the Revised Statutes, as amended by the act of February 18, 1875, c. 80, providing that there shall be no reversal by this court upon a writ of error “ for error in ruling any plea in abatement, other than a plea to the jurisdiction of the court,” does not forbid the review of a decision, even on a plea in abatement, of any question of the jurisdiction of the court below to render judgment against the defendant, though depending on the sufficiency of the service of the writ.</p> <p>In a personal action brought in a court of a State against a corporation which neither is incorporated nor does business within the State, nor has any agent or property therein, service of the summons lipón its president, temporarily within the jurisdiction, cannot be recognized as valid by the courts of any other government.</p> <p>A corporation sued in a personal action in a court of a State, within which • it is neither incorporated nor does business, nor has any agent or property, does not, by appearing specially in that court for the sole purpose of presenting a petition for the removal of the action into the Circuit Court of the United States, and by obtaining a removal accordingly, waive the right to object to the jurisdiction of the court for want of sufficient service of the summons.</p>