Illinois Steel Co. v. San Antonio & G.S. Ry. Co.

• Decision Date: 09 May 1895
• Docket Number: 556.
• Citation: 67 F. 561
• Parties: ILLINOIS STEEL CO. v. SAN ANTONIO & G.S. RY. CO. et al.
• Court: U.S. District Court — Western District of Texas

67 F. 561

ILLINOIS STEEL CO. v. SAN ANTONIO & G.S. RY. CO. et al.

No. 556.

United States Circuit Court, W.D. Texas, San Antonio Division.

May 9, 1895

Suit is brought by plaintiff to recover of defendants the sum of $27,903.99, evidence by the promissory note executed by defendants to plaintiff on the 1st of November, 1894. The petition alleges that plaintiff is a corporation, created and existing under the laws of Illinois; and that the defendant railway company is a corporation created and existing under the laws of Texas, having its principal public office and place of business in the city of San Antonio, Bexar county and Western district of Texas, and that its president secretary, and treasurer reside in said county and district and further, that it has a local agent representing it therein. The petition prays that the defendants be cited 'in the manner authorized and provided by law. ' As to the defendant railway company three citations were issued and served, respectively, upon G. G. Clifford, as president R. E. Saddler, as secretary, and V. B. Colley, as local agent. The citations are similar, and are of the following form:

'United States of America, Western District of Texas, at San Antonio.

Citation in Circuit Court.

'The President of the United States to the Marshal of the Western District of Texas, Greeting: You are hereby commanded to summon the San Antonio & Gulf Shore Railway Company, a resident of the county of Bexar, in the Western district of Texas, if to be found therein, to be and appear before the honorable circuit court of the United States, at a court to be holden in and for said district, at San Antonio, on the first Monday, being the 6th day, of May, A.D. 1895, and the first day of the regular term of said court in course, to answer a petition and complaint exhibited and filed in said court on the 18th day of March, A.D. 1895, in a suit numbered on the docket of said court No. 556, wherein the Illinois Steel Company is plaintiff, and the San Antonio & Gulf Shore Railway Company, Wm. Davis, John Ireland, H. O. Engelke, and George Dullnig are defendants. The nature of the plaintiff's demand is as follows, to wit: Praying judgment against each of said defendants for the sum of $27,903.99, besides interest, costs, and $6.62 protest fees due upon a promissory note dated November 1, 1894, executed by said defendants, whereby said defendants, and each of them jointly and severally, for value received, promised to pay to the order of plaintiff at the Fifth National Bank of San Antonio, Texas, the said sum of $27,903.99, in U.S. gold coin of standard weight and fineness, with interest at the rate of 6 per cent. per annum, and as will more fully appear from copy of plaintiff's petition attached. And you will deliver to the defendant San Antonio & Gulf Shore Railway Company a true copy of this writ, and the accompanying certified copy of plaintiff's original petition.'

The returns of the marshal are also similar, except as to the name and official designation of the party upon whom service was made, and are as follows:

'Came to hand on the 18th day of March, A.D. 1895, at 3:00 o'clock p.m., and executed on the 18th day of March, A.D. 1895, at 3:11 o'clock p.m. by delivering to G. G. Clifford, president of the San Antonio & Gulf Shore Railway Company, the within-named defendant, in person, in the county of Bexar, and Western district of Texas, a true copy of this citation, and the accompanying certified copy of plaintiff's petition.

'Richard C. Ware, 'United States Marshal for the Western District of Texas, 'By Addison Kilgore, Deputy.'

The railway company, appearing for the purpose of quashing the citation, urges, in support of its motion, the following grounds: First. The return of the citations served upon G. G Clifford, V. B. Colley, and R. E. Saddler do not show that said company has been served with process. Second. Said returns of said citations show that Secretary R. E. Saddler has been served, and that Local Agent V. B. Colley has been served, and that President G. G. Clifford has been served, when said Saddler,...