Hagstoz v. Mutual Life Ins.

Citations

• 179 F. 569
• 1910 U.S. App. LEXIS 5427

Syllabus

<p>1. Courts (§ 274*) — Federal Courts — District in Which Suit Must be Brought — Action Against Foreign Corporation — District of Residence of Plaintiff.</p> <p>An action by a citizen of Pennsylvania may be properly brought against a foreign corporation doing business in Pennsylvania in the federal district of plaintiff’s residence.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 814; Dec. Dig. § 274.*]</p> <p>2. Appearance (§ 27*) — Withdrawal—Leave to Withdraw.</p> <p>Where, in a suit against a foreign corporation doing business in Pennsylvania, plaintiff, after defendant’s general appearance, amended the praecipe and summons, so as to allege that plaintiff was a citizen and resident of New Jersey, instead of Pennsylvania, defendant would thereupon be permitted to withdraw its general appearance in order to attack the court’s jurisdiction.</p> <p>[Ed. Note. — For other cases, see Appearance, Gent. Dig. § 161; Dec. Dig. § 27.*]</p> <p>3. Courts (§ 347*) — Federal Courts — Demurrer—Jurisdiction.</p> <p>The question of jurisdiction of a federal court may be raised by demurrer.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 921; Dec. Dig. § 347.*]</p> <p>4. Courts (§ 276*) — Federal Courts — District in Which Suit Must be Brought — Action Against Foreign Corporation — Waiver.</p> <p>A foreign corporation, by appointing a registered agent on whom summons could be served in Pennsylvania, did not thereby waive its privilege, conferred by Act Aug. 13, 1888, c. 866, 25 Stat. 433 (U. S. Comp. St. 1901, p. 507), to be free from suit in a federal Circuit Court of Pennsylvania, except where the plaintiff was a citizen and resident of that state.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 815; Dee. Dig. § 276.*</p> <p>Waiver of right as to district in which suit must be brought, see notes to Memphis Sav. Bank v.. ITouchens, 52 C. C. A. 192; McPhee & McGinnity Co. v. Union Pac. R. Co., 87 C. C. A. 634.]</p>