Legal Opinion

Noel Const. Co. of Baltimore City v. George W. Smith & Co.

U.S. Circuit Court for the District of Maryland

Decided December 1, 1911PublishedCited by 2 opinions

At Law. Action by the Noel Construction Company of Baltimore City against George W. Smith & Company, Incorporated. On motion to quash summons.

1Opinion of the Court

ROSE, District Judge.

The plaintiff is a Maryland, the defendant a Pennsylvania, corporation. The marshal’s return shows that the defendant was summoned “by service on Rayburn Clark Smith, its vice president, and copy summons left with him at Baltimore, Maryland, August 28, 1911.” On the 19th of September, 1911, and before the day at which the defendant was required by the rules of this court to plead, it appeared specially for the sole purpose of moving to quash the writ of summons and to set aside the service of the same. In this motion it alleged: First, that it was not doing business in…

2Cases cited21 opinions

  1. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  2. St. Clair v. CoxSupreme Court of the United States · 1882
  3. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  4. Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
  5. Commercial Mutual Accident Co. v. DavisSupreme Court of the United States · 1909

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3Cited by2 opinions

  1. Henry M. Day & Co. v. Schiff, Lang & Co.District Court, S.D. New York · 1921
  2. Deutsch v. Times Pub. CorporationDistrict Court, S.D. New York · 1940

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