Mutual Oil Co. v. Empire Petroleum Co.

It clearly appears from the verified bill of complaint, the copy of the contract attached thereto as an exhibit, and the admissions and averments in the answer that the appellant, the Mutual Oil Company, is and was at the time this action was commenced a Michigan corporation doing business in Ohio. People’s Tobacco Co., Ltd. v. American Tobacco Co., 246 U. S. 79, 38 S. Ct. 233, 62 L. Ed. 587, Ann. Cas. 1918C, 537; Philadelphia & Reading Railway Co. v. McKibbin, 243 U. S. 265, 37 S. Ct. 280, 61 L. Ed. 710. It further appears from the record that it was legally served with summons in the…