Earle v. Chesapeake & O. Ry. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
1Opinion of the Court
J. B. McPHERSON, District Judge.
This is a motion to vacate the .service of a summons in assumpsit on two grounds: First, that the return of the marshal is fatally defective; and, second, that, even if the return were in proper form, the defendant, which is a corporation of the state of Virginia, is not doing business in Pennsylvania, and therefore cannot be sued in this court.
i. The writ commands the marshal to summon the Chesapeake & Ohio Railway Company, “a corporation under the laws of the state of Virginia,” and the return is as follows:
•“May 2, 1902, at Philadelphia, in my district,…
2Cases cited15 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
- Insurance Co. v. Railroad Co.Supreme Court of the United States · 1881
- Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bristol v. BrentUtah Supreme Court · 1910
- Hurley v. Wells-Newton Nat. CorporationDistrict Court, D. Connecticut · 1931
- Archer-Daniels Linseed Co. v. Blue Ridge DespatchSupreme Court of Minnesota · 1911
- United States Envelope Co. v. Transo Paper Co.District Court, D. Connecticut · 1916
- Carpenter v. Willard Case Lumber Co.U.S. Circuit Court for the Southern District of Iowa · 1908
8 more not listed; retrieve them via the Exa API.