Middough v. St. Joseph & Denver City R.R. Co.

• Citation: 51 Mo. 520
• Parties: WM. MIDDOUGH, Appellant, v. THE ST. JOSEPH AND DENVER CITY RAILROAD COMPANY, Respondent.
• Decision Date: 28 February 1873
• Court: United States State Supreme Court of Missouri

51 Mo. 520

WM. MIDDOUGH, Appellant,

v.THE ST. JOSEPH AND DENVER CITY RAILROAD COMPANY, Respondent.

Supreme Court of Missouri.

February Term, 1873.

Appeal from the Buchanan Court of Common Pleas.

Hill, Carter and Van Waters, for Appellant.

When a foreign corporation has located here--does business her--and suit is brought and service obtained here, and it appears and answers to the petition, it is within the jurisdiction of the court. (Farnsworth vs. Terre Haute, Alton and St. Louis Railroad Company, 29 Mo., 75.)

The cause of action set out in plaintiff's petition accrued in this State, the business of the defendant was done in this State and county, and is so shown by the petition, and service was obtained in this county.

When demurrer is overruled and the defendant answers upon the merits, he thereby practically withdraws the demurrer and waives all technical objections to the petition, and the court has jurisdiction of the defendant, (Township Board of Education vs. Hackman, 48 Mo., 243; Pickering vs. The Mississippi V. N. T. Co., 47 Mo., 457; Thos. R. Fuggle, Admr., vs. Wm. R. Hobbs, 42 Mo., 537.)

Doniphan and Baldwin, for Respondent.

I. The court below committed no error in dismissing the petition, as it showed the defendant to be a foreign corporation and did not allege that its chief office was in this State. (W. S., 292, § 19; Id., 1006, § 2; Robb vs. Chicago and Alton R. R. Co., 47 Mo., 540.)

The location of the chief office in this state gives jurisdiction. (Farnsworth vs. Terre Haute, Alton and St. Louis Railroad Company, 29 Mo., 75; City of St. Louis vs. Wiggins Ferry Company, 40 Mo., 586, 587.)

WAGNER, Judge, delivered the opinion of the court.

The court below dismissed the petition in this case, and the only question presented for decision is whether it had jurisdiction over the defendant.

The action was brought against the defendant a foreign corporation, incorporated by the laws of the State of Kansas, and it was not alleged nor was it any where shown or pretended, that it had its chief office or place of business in this State. The construction placed upon our statute has been uniform. If the chief office or place of business is within this State as designated by the statute, then the foreign corporation is regarded as a domestic one, and amendable to the jurisdiction of our courts by the common process of summons. Where, however, its office or place of business is not here, then it must be proceeded against as a non-resident by attachment. (Farnsworth vs. T. H. A. & St. L. R. R. Co., 29 Mo., 75; St. Louis vs. Wiggins Ferry Company, 40 Mo., 580; Robb vs. Chicago & Alton Railroad Company, 47 Mo., 540.)

Let the judgment be affirmed

The other Judges concur except Adams who dissents.

Dissenting Opinion of ADAMS, Judge.

Section 26, chap. 37, 1 W....