Lemon v. Imperial Window Glass Co.
District Court, N.D. West Virginia
Action by Monro Lemon, as trustee, and the Columbia Window Glass Company, against the Imperial Window Glass Company. On motion to quash and set aside the service of the summons, accepted for defendant by the Auditor, on the grounds that neither it nor the plaintiffs are or were citizens of the district at the time of the commencement of the suit.
1Opinion of the Court
DAYTON, District Judge.
The question here involved is one of jurisdiction arising under local law. So far as known, it has not been determined by any of the courts of last resort, state or federal. At the same time it is one that is of importance and should have an authoritative determination. The undisputed facts involved are:
The state of West Virginia authorizes the issuance by its Secretary of State of charters to two classes of private corporations : First, resident domestic ones, defined to be (section 124, c. 32, Code, § 1046) those “whose principal place of business and chief works (if…
2Cases cited2 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Amy v. WatertownSupreme Court of the United States · 1889
3Cited by7 opinions
- Massachusetts Bonding & Ins. Co. v. Concrete Steel Bridge Co.Court of Appeals for the Fourth Circuit · 1930
- Rivera v. LawtonCourt of Appeals for the First Circuit · 1929
- Sovereign Coal Co. v. BrittonWest Virginia Supreme Court · 1916
- J. E. Petty & Co. v. Dock Contractor Co.District Court, E.D. Pennsylvania · 1922
- Kay & Ess Co. v. Chadeloid Chemical Co.District Court, N.D. West Virginia · 1937
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