Wabash Western Railway v. Brow
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OR APPEALS ROR THE SIXTH CIRCUIT. Joseph Brow commenced suit in the Circuit Court of Wayne County, Michigan, against the Wabash Western Kailway to recover the sum of twenty thousand dollars for personal injuries, caused, as he alleged, by defendant’s negligence, by the service, September 24, 1892, of a declaration and notice to appear and plead within twenty days, on Fred J. Hill, as agent of the company, which declaration and notice were…
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CERTIORARI TO THE CIRCUIT COURT OR APPEALS ROR THE SIXTH CIRCUIT. Joseph Brow commenced suit in the Circuit Court of Wayne County, Michigan, against the Wabash Western Kailway to recover the sum of twenty thousand dollars for personal injuries, caused, as he alleged, by defendant’s negligence, by the service, September 24, 1892, of a declaration and notice to appear and plead within twenty days, on Fred J. Hill, as agent of the company, which declaration and notice were subsequently filed in that court. On the 7th of October defendant filed its petition and bond for removal in that court, and…
1Opinion of the CourtChief Justice Fuller
This was not a proceeding in rem or quasi in rem, but a personal action brought in the Circuit Court of Wayne County, Michigan, against a corporation which was neither incorporated nor did business, nor had any agent or property, within the State of Michigan; and service of declaration and rule to plead was made on an individual who was not, in any respect, an officer or agent of the corporation. The state court, therefore, acquired no jurisdiction over the person of the defendant by the service. Did the application for removal amount to such an appearance as conceded jurisdiction over the…
2Cases cited10 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Smith v. LyonSupreme Court of the United States · 1890
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3Cited by142 opinions
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- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
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- Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- Commercial Mutual Accident Co. v. DavisSupreme Court of the United States · 1909
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