Hubbard v. American Inv. Co.
U.S. Circuit Court for the District of Nebraska
This was an action brought upon a judgment in favor of the plaintiff and against the- defendant rendered in the district court of Arapahoe county, Colo. The defendant was a Nebraska corporation, but had been doing business in Colorado, and had filed a written appointment of an agent upon whom process might be served in Colorado, as required by the laws of that state. The record showed service on such agent.
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This was an action brought upon a judgment in favor of the plaintiff and against the- defendant rendered in the district court of Arapahoe county, Colo. The defendant was a Nebraska corporation, but had been doing business in Colorado, and had filed a written appointment of an agent upon whom process might be served in Colorado, as required by the laws of that state. The record showed service on such agent. The defendant offered to prove that at the time service ivas made it had ceased to do business in Colorado, and that the person served had ceased to be its agent. To this testimony the”…
1Opinion of the Court
SHIRAS, District Judge.
I sustain the objections to this line of testimony offered by the defendant on the following grounds: It appears and is admitted that to the action brought by the present plaintiff against the present defendant in the district court of Arapahoe county, Colo., a special appearance was entered on behalf of the defendant, and the question of the jurisdiction of that court *809Avas raised, and presented to that court for decision. It thereupon became the duty of that court to hear and decide the question of its own jurisdiction, and it was open to the defendant to then, and…
2Cited by1 opinion
- Ederheimer v. Carson Dry Goods Co.Supreme Court of Arkansas · 1912