Mexican Central Railway Co. v. Pinkney

Citations

• 149 U.S. 194
• 13 S. Ct. 859
• 37 L. Ed. 699
• 1893 U.S. LEXIS 2283

Syllabus

<p>To give a Circuit Court of tbe United States jurisdiction on the ground of diverse citizenship, the facts showing the requisite diverse citizenship must appear in such papers as properly constitute the record of th case.</p> <p>The refusal by the trial court, during the progress of the trial, of leave to Sle a plea on the question of the plaintiff’s citizenship and to permit issue to be joined thereon is within the discretion of that court and is not reviewable here.</p> <p>A person in charge of a joint railroad warehouse in a railroad centre in Texas, the property of one of several companies which unite in bearing the expense of maintaining it and in selecting its employés and in controlling its expenses, who makes no contracts and handles no moneys on behalf of-another railroad centering there, but not participating in the selection of the employés and in controlling expenses, and who is not on the pay-roll of the latter company, is not its “ local agent” upon whom process may be served under the provisions of the statutes of that State (Sayles Revised Civ. Stats. Art. 1223a)„</p> <p>Tjhe provisions of the Texas statutes which give to a special appearance, made to challenge the court’s jurisdiction, the force and effect of a general appearance, so as to confer jurisdiction over the person of the defendant, are not binding upon Federal courts sitting in that State, under the rule of procedure prescribed by the fifth section of the act of June 1, 1872, as reproduced in Rev. Stat. § 914.</p>