Street & Smith Publications, Inc. v. Spikes

HUTCHESON, Circuit Judge.

The suit, brought by plaintiff, a citizen of Texas, against defendant, a foreign corporation, organized under the laws of New York, and without permit to do business in Texas, was for libel. The alleged defamatory article was made and published by defendant in Western Story Magazine, a magazine printed in Chicago, Illinois, and sold and distributed in Texas under the usual magazine dealers contract.

Summons to defendant by service of the writ upon “K. H. Page, as defendant’s local agent in Ft. Worth, Texas”, was sustained over defendant’s motions and pleas, that it was…