William Grace Co. v. Henry Martin Brick Mach. Mfg. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of ilie United States for the Eastern Division of the Northern .District of Illinois. Action by the William Grace Company against the Henry Martin Brick Machine Manufacturing Company. Suit dismissed for want of jurisdiction, and plaintiff brings error.
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In Error to the Circuit Court of ilie United States for the Eastern Division of the Northern .District of Illinois. Action by the William Grace Company against the Henry Martin Brick Machine Manufacturing Company. Suit dismissed for want of jurisdiction, and plaintiff brings error. Plaintiff in error, an Illinois corporation, brought suit at law against defendant in error, a Pennsylvania corporation, in the municipal court of Chicago. 111., and caused service to he bad upon one McClellan, as an agent of defendant In error. The canse was afterwards duly removed to the federal Circuit Court. On…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). Whether or not the service upon McClellan was good must be determined with reference to the Illinois law. If the municipal court obtained jurisdiction of the defendant in error by service upon him, that jurisdiction was not vitiated by the removal. Under the statute of Illinois (section 26, c. 32, Hurd’s Rev. St. 1908) service can be had upon an agent of a foreign corporation only in case that corporation is “doing business” in the state.
The questions here presented are: (1) AVas defendant doing business in the state of Illinois at the time of service or…
2Cases cited9 opinions
- Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- Havens & Geddes Co. v. DiamondAppellate Court of Illinois · 1901
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3Cited by3 opinions
- American Asphalt Roof Corp. v. ShanklandSupreme Court of Iowa · 1928
- Michigan Aluminum Foundry Co. v. Aluminum Castings Co.U.S. Circuit Court for the District of Eastern Michigan · 1911
- J. C. Keg & Co. ex rel. Payne v. WheatleyDistrict Court, Virgin Islands · 1952