Railroad Co. v. Hecht
Supreme Court of the United States
Error to tbe Supreme Court ol tbe State of Arkansas. The Cairo and Fulton Railroad Company having been sued in the Circuit Court of Clay County, Arkansas, service was bad on the tenth day of September, 1873, by leaving a copy of the summons with a clerk of the company. Judgment was rendered by default. A motion was sub so quently made to set the default aside, on the ground that there had been neither legal service upon nor appearance by the company.
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Error to tbe Supreme Court ol tbe State of Arkansas. The Cairo and Fulton Railroad Company having been sued in the Circuit Court of Clay County, Arkansas, service was bad on the tenth day of September, 1873, by leaving a copy of the summons with a clerk of the company. Judgment was rendered by default. A motion was sub so quently made to set the default aside, on the ground that there had been neither legal service upon nor appearance by the company. This motion having been overruled, the company appealed to the Supreme Court of the State, where the judgment below was affirmed. The company…
1Opinion of the CourtChief Justice Waite
The single question presented by this record is whether a statute which prescribes a mode of service of judicial process upon the Cairo and Fulton Railroad Company, different from that provided for in its. charter, is void because it impairs the obligation of a contract. The regulation of the forms of administering justice by the courts is an incident of sovereignty. The surrender of this power is never to be presumed. Unless, therefore, it clearly appears to have been the intention of the legislature to limit its power of bringing this corporation before its judicial tribunals to the…
2Cases cited1 opinion
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
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- Galusha v. WendtSupreme Court of Iowa · 1901
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