Legal Opinion

Shane v. Mexican International Railway Co.

Court of Appeals of Texas

Decided October 31, 1894No. 498PublishedCited by 2 opinions

Appeal from Bexar. Tried below before Hon. W. W. King. 1. The judgment of the court was contrary to the evidence, for the reason that the testimony established the fact that defendant had an office and agent, or representative, in Bexar County, upon whom citation herein had been duly served; and the court erred in holding that the party so served was not such agent or representative as contemplated by the statute providing for service upon foreign corporations.

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Appeal from Bexar. Tried below before Hon. W. W. King. 1. The judgment of the court was contrary to the evidence, for the reason that the testimony established the fact that defendant had an office and agent, or representative, in Bexar County, upon whom citation herein had been duly served; and the court erred in holding that the party so served was not such agent or representative as contemplated by the statute providing for service upon foreign corporations. Foreign corporations doing business within this State may be sued in any court within this State having jurisdiction over the subject…

1Opinion of the Court

NEILL, Associate Justice.

The appellant, as plaintiff below, sued appellee in the District Court of Bexar County for damages occasioned by personal injuries sustained by reason of alleged negligence of the company while in its service as an employe in the Republic of Mexico. He alleged in this petition, that the appellee was a foreign corporation doing business in Bexar County, Texas, where it had an office and agent, or representative; and that J. M. McMillan was its commercial agent and representative in said county. Citation was duly issued and served on the appellee by delivering a copy…

2Cited by2 opinions

  1. Olsen & Walke v. California InsuranceCourt of Appeals of Texas · 1895
  2. Philip A. Ryan Lumber Co. v. BallCourt of Appeals of Texas · 1917

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