Express Company v. Ware

87 U.S. 543

22 L.Ed. 422

20 Wall. 543

EXPRESS COMPANY

v.

WARE.

October Term, 1874

ERROR to the Circuit Court for the District of Nebraska; the case being thus:

The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the State is not, however, to be computed. But in the case of a foreign corporation, if it has a managing agent in the State, service of the writ may be made upon such managing agent.*

These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity…