Kirby v. Louismann-Capen Co.

Citations

• 221 F. 267
• 1914 U.S. Dist. LEXIS 1292

Syllabus

<p>1. Courts <@=>366 — United States Courts — Authority of Decisions of State Courts—“Joint-Stock Company.”</p> <p>The holding of the Kentucky Court of Appeals that a private corporation is a “joint-stock company,” within Civ. Code Prac. Ky. § 51, subsec. 6, providing that in actions against a joint-stock company, the members of which reside in another state, engaged in business in this state, the summons may be served on the manager, agent, or person in charge of such business in the county whore the business is carried on, or where the cause of action arose, is binding on the United States District Court.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 954-957, 960-968; Dee. Dig. <@=>366.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Joint-Stock Company.]</p> <p>2. Constitutional Daw <@=>309—“Due Process of Law”—Process to Sustain Judgment.</p> <p>“Due process of law” requires that, before any judgment in personam is rendered against a person, he shall bo personally served with process notifying him of the nature and pendency of the proceedings in which the judgment is sought.</p> <p>[Ed. Note.—For other cases, see Constitutional Law, Cent. Dig. §§ 929, 930; Doc. Dig. <@=>309.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Due Process of Law.]</p> <p>3. Judgment <@=>17—Foreign Corporations—-Service of Process.</p> <p>Whether the service of process upon an alleged agent of a foreign corporation would support a judgment against the corporation depended on whether it was doing business in the state, and whether such person represented it in that business.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 25-33; Dec. Dig. <@=>17. ]</p> <p>4. Corporations <@=>642—Foreign Corporations—Liability to be Sued.</p> <p>A foreign corporation, which, though it had no known or established place of business in Kentucky, had designated no person upon whom summons could be served, and had no pr