Chafee v. Postal Telegraph Co.
Supreme Court of South Carolina
Action by R. A. Chafee against the Postal Telegraph Company. The opinion fully states the case. This case will turn upon the construction placed by the court on sections 165 and 423 of the Code of Procedure. It does not appear on the face of the complaint of what State the plaintiff is a resident, nor does it appear where the cause of action arose. Section 165 can only apply to the defendant — -that it is not subject to the jurisdiction.
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Action by R. A. Chafee against the Postal Telegraph Company. The opinion fully states the case. This case will turn upon the construction placed by the court on sections 165 and 423 of the Code of Procedure. It does not appear on the face of the complaint of what State the plaintiff is a resident, nor does it appear where the cause of action arose. Section 165 can only apply to the defendant — -that it is not subject to the jurisdiction. But the defendant can be sued under section 423, and it has been sued and has answered, and it does not appear on the face of the complaint that the facts…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
On the 21st May, 1890, in the Court of Common Pleas for Aiken County, the plaintiff (who is appellant here) began his action against the defendant (who is respondent here) by the service of a summons and complaint on an agent of the defendant at Aiken, but because of the error in the complaint, where it alleged that the defendant was a corporation under the laws of the United States, when in fact it was a body corporate and politic under the laws of the State of New York, the plaintiff served an amended complaint, correcting by its…
2Cases cited5 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Robertson v. CeaseSupreme Court of the United States · 1878
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Morgan's v. GaySupreme Court of the United States · 1874
- House v. CooperNew York Supreme Court · 1858
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- Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
- Ex Parte PearsonSupreme Court of South Carolina · 1908
- Sentell v. Southern Ry.Supreme Court of South Carolina · 1903
- Savannah Grocery Co. v. RizerSupreme Court of South Carolina · 1905
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