Forrest v. Pittsburgh Bridge Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The suit was originally brought in the Superior Court of Cook County, Illinois, upon the common counts to recover for professional services.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The suit was originally brought in the Superior Court of Cook County, Illinois, upon the common counts to recover for professional services. Summons, having been issued, was served April 22, 1901, as per return, “on the within named Pittsburgh Bridge Company, a corporation, by delivering a copy thereof to Daniel W. Church, agent of said corporation, the president of said corporation not being found in the said county.” Thereupon, the Pittsburgh Bridge Company, limiting its…
1Opinion of the Court 1
After the foregoing statement of facts,
2Opinion of the Court · GrosscupGrosscup, Circuit Judge
This Court has held that the issue of fact raised by a motion to quash, as in this case, may properly be determined by affidavit. Wall v. Railroad Co., 37 C. C. A. 129, 95 Fed. 398.
Subject to some criticism as to form and definiteness, the affidavits submitted show that, at the time of the alleged service of summons, Church did not, in fact, represent the Pittsburgh Bridge Company. This would dispose of the case, but for this argument: That a foreign corporation, having filed its certificate, in pursuance of the Illinois act naming a representative,…
3Cases cited1 opinion
- Wall v. Chesapeake & O. Ry. Co.Court of Appeals for the Seventh Circuit · 1899
4Cited by11 opinions
- Brown-Ketcham Iron Works v. George B. Swift Co.Indiana Court of Appeals · 1913
- Hill v. Empire State-Idaho Mining & Developing Co.U.S. Circuit Court for the District of Idaho · 1907
- Feder v. A. B. Fiedler & SonsU.S. Circuit Court for the District of Southern New York · 1902
- Gerrick & Gerrick Co. v. Llewellyn Iron WorksWashington Supreme Court · 1919
- Southwest Metals Co. v. SnedakerArizona Supreme Court · 1942
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