Geraty v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gary, J., Charleston, August, 1907. Motion in case of W. C. Geraty against Atlantic Coast Line Railroad Company, incorporated under laws of South Carolina, and same company incorporated under laws of Virginia, to set aside service of summons o,n the first named corporation.
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Before Gary, J., Charleston, August, 1907. Motion in case of W. C. Geraty against Atlantic Coast Line Railroad Company, incorporated under laws of South Carolina, and same company incorporated under laws of Virginia, to set aside service of summons o,n the first named corporation. The order of the Circuit Court, in refusing the motion, is as follows: “The defendant made a motion before me to set aside the service of the summons herein, on the ground that the defendant is not a corporation organized under the laws of the State of South Carolina, as alleged in the complaint. “The view which I…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are stated in the order of his Honor, the Circuit Judge, which will be set out in the report of the case.
This Court deems it only necessary to add one or two reasons to those assigned by the presiding Judge, in refusing the motion.
Since the motion was refused, the United States Supreme Court has rendered a decision, in the case of Patch v. Wabash R. R. Co., 28 Sup. Ct. Rep., 80, announcing the principle that a corporation existing under and by virtue of the laws of several States, including the one in which the action is…
2Cases cited3 opinions
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Southern Railway Co. v. AllisonSupreme Court of the United States · 1903
- State ex rel. Southern Railway Co. v. TompkinsSupreme Court of South Carolina · 1896
3Cited by2 opinions
- Seaboard Air Line Railroad v. DanielSupreme Court of the United States · 1948
- Carolina, Clinchfield & Ohio Railway v. McCownSupreme Court of South Carolina · 1909