Jackson v. Delaware River Amusement Co.

Citations

• 131 F. 134
• 1904 U.S. App. LEXIS 4887

Syllabus

<p>1. Federal Courts — Corporations—Process—Service—Return,'-</p> <p>Wliere in an action in the federal courts against a corporation neither the statement, summons, preecipe, nor the return of the marshal recited that the corporation was transacting business in the state in which the court was sitting, and the process was served, a return of the marshal that he served the writ within his district on the corporation by giving a true and attested copy thereof to T., president of the corporation, and making known the contents of the same to him, was insufficient on its face.</p> <p>2. Same — Vacation op Service — Rule—Plea in Abatement.</p> <p>While a marshal’s return of service on a corporation is conclusive on the parties, and cannot be contradicted, yet, where the return did not show that the corporation was doing business in the state in which the court was sitting, and in fact the corporation transacted no business in such state, service being made on its president while he was engaged in private business therein, an application to set aside such service might be made by a rule to show cause, instead of by plea in abatement.</p> <p>¶ 1. Service of process on foreign corporations, see note to Eldred v. Palace Car Co., 45 C. C. A. 3. •</p>