Southwark Foundry & Machine Co. v. Franz Foundry & Machine Co.

HICKENLOOPER, Circuit Judge.

Appellee, plaintiff below, brought its action in the court of common pleas of Summit county, Ohio, upon an account for'work and labor done under contract with the defendant, a foreign corporation. The petition was drawn in the short or Code form. Return of summons shows service upon one David M. Donley, “managing agent” of the defendant. The cause was removed to the United States .District Court, and thereafter the defendant, appearing specially for the purpose of such motion and for no other purpose, moved the court to set aside and quash the pretended service of…