Stephan v. Union Pac. Ry. Co.
District Court, D. Minnesota
At Law. Action by Alice Stephan against the Union Pacific Railway Company. On motion to quash and set aside service of summons.
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At Law. Action by Alice Stephan against the Union Pacific Railway Company. On motion to quash and set aside service of summons. The above-entitled action came regularly on for hearing upon a motion made on behalf of the defendant for an order quashing and setting aside the alleged service of the summons upon the defendant; the grounds of said motion being as follows: (1) That at the time of the pretended service of the summons and complaint herein the defendant was a foreign corporation, and did not operate any X'ailroad in the state of Minnesota, or have any lines of railroad whatsoever…
1Opinion of the Court
BOOTH, District Judge.
[1] The attempted service in this action was made by delivering a copy of the summons to E. PI. Hawley, described in the return of service as “general agent of the defendant company.” It is conceded that he was the soliciting freight and passenger agent of the defendant, stationed at Minneapolis, Minn. Section 7735, Gen. St. Minn. 1913, reads in part as follows:
*710“If the defendant be a foreign corporation the summons may be served by delivering a copy to any of its officers or agents within the state, provided that any foreign corporation having an agent in this state for…
2Cases cited13 opinions
- International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
- Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
- People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
- Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
- Goldey v. Morning NewsSupreme Court of the United States · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Erving v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1927
- State Ex Rel. Foraker v. HoffmanSupreme Court of Missouri · 1925
- Peebles v. Chrysler Corp.District Court, W.D. Missouri · 1932
- Myers Motors, Inc. v. Kaiser-Frazer Sales Corp.District Court, D. Minnesota · 1948
- Livingston v. Chesapeake & O. Ry. Co.District Court, N.D. Oklahoma · 1937
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