Ex parte Railway Company

Decision Date01 October 1880
Citation26 L.Ed. 461,103 U.S. 794
CourtU.S. Supreme Court


Mr. Fillmore Beall presented the petition of the Des Moines and Minneapolis Railroad Company, duly verified by affidavit, and moved for a rule on the Circuit Court of the United States for the District of Iowa, Northern Division, to show cause why a writ of mandamus should not issue. The petition sets forth that the company, a corporation existing under the las of Iowa, brought suit in that court Sept. 3, 1880, against John B. Alley, a citizen of Massachusetts, to recover the sum of $99,616.05, and in the complaint asked, in conformity with the practice and pleading existing in the courts of Iowa, for an attachment against his property on the ground that he was a non-resident of the State of Iowa; that upon filing the complaint duly sworn to, and the requisite bond with security, as required by the code of Iowa, the clerk of the court issued in the suit, in usual form, the ordinary summons in a civil action, and also a writ of attachment against the property of said Alley, directed to the marshal of the district, commanding him to attach the lands and tenements, goods and chattels, rights and credits, of said Alley (except such as is exempt from execution) wherever the same might be found in said district, or so much thereof as might be necessary to satisfy said sum; that said writs were delivered to the marshal for service, who thereupon made return upon said writ of attachment that the same came into his hands on the third day of September, 1880, and that he served the same on the fourth day of September, 1880, at 8 o'clock A. M., by levying upon certain shares of stock in certain named railroad corporations and in a corporation owning certain lands, the property of said Alley within said district; and he returned the said summons 'not served, the within-named John B. Alley not being found in my district.'

The petition further sets forth that the company thereupon filed an affidavit in the suit showing that personal service could not be made on said Alley within the said district (State) of Iowa; that the action was brought against a non-resident of the (State) district of Iowa, and that he had property in the State sought to be taken by attachment, and asking an order of service by publication, or an order for personal service upon the defendant, either within or without the (State) district; that afterwards said motion for such order coming on for...

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48 cases
  • Allen v. Clark, 8158Y.
    • United States
    • U.S. District Court — Southern District of California
    • March 29, 1938
    ...173, 29 S.Ct. 552, 53 L.Ed. 955; Big Vein Coal Co. v. Read, 1913, 229 U.S. 31, 33 S.Ct. 694, 57 L.Ed. 1053; Ex parte Des Moines & M. Ry. Co., 1880, 103 U.S. 794, 24 L.Ed. 461; United States v. Brooke, D.C.N.Y., 1910, 184 F. 341; In re Stark, D.C.N.Y., 1929, 36 F.2d 280; McMurray v. Chase Na......
  • Jaftex Corporation v. Randolph Mills, Inc.
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    • August 22, 1960
    ...37 U.S. 300, 330, 9 L.Ed. 1093; Big Vein Coal Co. of West Virginia v. Read, 229 U.S. 31, 33 S.Ct. 694, 57 L.Ed. 1053; Ex parte Railway Co., 103 U.S. 794, 26 L.Ed. 461; Rorick v. Devon Syndicate, 307 U.S. 299, 310, 59 S.Ct. 877, 83 L.Ed. 1303. Wholly consistent and apparently required by thi......
  • Strauss v. State
    • United States
    • North Dakota Supreme Court
    • April 4, 1917
    ... ... Unrep. 949, 38 P ... 1107; State ex rel. Child v. Smith, 19 Wis. 531; Ex ... parte Des Moines & M. R. Co. 103 U.S. 794, 26 L.Ed. 461; Ex ... parte Hurn, 13 L.R.A. 120 and note, 92 ... ...
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    • June 14, 1904
    ... ... & N. Ry. Co., 48 N.W. 243 ...          Directions ... are to a railroad company to put in a crossing without naming ... the officers having that duty in charge. Ex parte Parker, ... Hastouck v. City of Milwaukee, 25 Wis. 122; State v ... Bailey, 7 Iowa 390; Brown v. Railway Co. 53 ... N.J.L. 156; Boody v. Watson, 64 N.H. 162, 9 A. 794; ... Pegeam v. County, 65 N.C. 114; ... ...
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