Legal Opinion

Andrews v. Michigan Central Railroad

Massachusetts Supreme Judicial Court

Decided September 15, 1868PublishedCited by 6 opinions

Appeal from a judgment of the superior court dismissing an action of contract, for want of legal service, on the motion of the defendants, who appeared specially for the purpose of objecting to the jurisdiction. The facts are stated in the opinion.

1Opinion of the CourtHoar, J.

This is an action against a railroad corporation established in the state of Michigan, and the only service of the writ was upon the treasurer of the corporation at their office in Boston. There was no attachment of property. The writ alleges that the corporation has its usual place of business within the Commonwealth.

We are aware of no authority for the maintenance of such an action; and none has been found by the diligence of the learned counsel for the plaintiff. On the contrary, the numerous cases cited for the defendant fully support the opposite conclusion. A foreign corporation can…

2Cited by6 opinions

  1. Humphreys v. Newport News & M. V. Co.West Virginia Supreme Court · 1889
  2. National Bank of Commerce v. HuntingtonMassachusetts Supreme Judicial Court · 1880
  3. Potter v. Lapointe Machine Tool Co.Massachusetts Supreme Judicial Court · 1909
  4. Desper v. Continental Water Meter Co.Massachusetts Supreme Judicial Court · 1884
  5. Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890

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