Mechanical Appliance Company v. Benjamin Castleman
Decision Date | 03 January 1910 |
Docket Number | No. 48,48 |
Citation | 54 L.Ed. 272,30 S.Ct. 125,215 U.S. 437 |
Parties | MECHANICAL APPLIANCE COMPANY, Plff. in Err., v. BENJAMIN T. CASTLEMAN |
Court | U.S. Supreme Court |
Messrs Lee W. Grant and P. B. Kennedy for plaintiff in error.
Mr. Benjamin T. Castleman, in propria persona, and Messrs. Rassieur, Schnurmacher, & Rassieur for defendant in error.
This case comes here under § 5 of the court of appeals act (26 Stat. at L. 827, chap. 517, U. S. Comp. Stat. 1901, p. 549), upon a certificate from the circuit court of the United States for the eastern district of Missouri, presenting a question of the jurisdiction of that court to entertain a suit brought by Benjamin T. Castleman, defendant in error, against the Mechanical Appliance Company, plaintiff in error, to recover for the breach of a certain alleged contract concerning the making and delivery of massage motors.
The action was originally brought in the circuit court of the city of St. Louis, in the state of Missouri, and the Mechanical Appliance Company, a foreign corporation, then defendant, removed the case to the circuit court of the United States for the eastern district of Missouri upon the ground of diverse citizenship. After the case reached the United States circuit court, the bill of exceptions shows that a motion to quash the summons and certain affidavits were withdrawn, and a plea to the jurisdiction was filed.
The original service of summons in the state court had been made by the sheriff, who returned the summons as follows:
In the plea to the jurisdiction, in the circuit court of the United States, the plaintiff in error set up:
'1. That it is a corporation, organized under the laws of the state of Wisconsin; that it has never taken out a license to do business in the state of Missouri; and that at the time of the alleged service of the writ of summons herein as set out in the return of the sheriff, to wit, 29th day of December, 1906, the defendant did not have any agent, office, or place of business in the city of St. Louis or in the state of Missouri.
'2. That the person upon whom service was attempted to be had by the sheriff, and to whom a copy of the summons and petition was delivered, to wit, Dudley Shaw, was not and had not been for some time prior thereto an officer, agent, or employee of this defendant. That said Dudley Shaw was not, at the time of the delivery of the summons herein to him by the sheriff, in charge of defendant's usual business office, or in defendant's usual business office in the city of St. Louis, for the reason that this defendant had, at said time, no business office nor any other office in the city of St. Louis, state of Missouri.'
Certain affidavits are set out in the bill of exceptions, and it is therein stated that they were filed. Two affidavits appear to have been filed in support of the plea to the jurisdiction, and one, by the plaintiff, in opposition thereto. In the certificate the learned circuit judge states:
It is settled that a question of this character involves the jurisdiction of the circuit court as a Federal court, and may be brought here by writ of error under § 5 of the court of appeals act of 1891. Remington v. Central P. R. Co. 198 U. S. 95, 49 L. ed. 959, 25 Sup. Ct. Rep. 577.
It is contended by the defendant in error that the plea to the jurisdiction did not definitely state that the corporation defendant was not doing business in the state of Missouri at the time of the attempted service; and, furthermore, that the affidavits were not shown to have been offered in evidence, although the bill of exceptions states that the same were filed. The certificate of the judge, which is required by statute in order to bring the case to this court, states that the defendant raised, by plea to the jurisdiction, the grounds of objection that it was a foreign corporation, having no office, place of business, or agent in, and was not doing business in, the state of Missouri at the time of the service of summons, and that the person served with the process was not the agent of the defendant at the time of said service.
The certificate shows that the court did not consider the affidavits, and overruled the plea on the sole ground that the facts stated in the return of the sheriff to the summons were conclusive, and could not be controverted by the defendant. It is also stated in the certificate that, when the case was called for trial, the same objection was made and overruled for the same reason. In the light of this certificate and the statements of the bill of exceptions, we think it must be regarded that the question was fairly before the court, notwithstanding the somewhat meager allegations of the plea in this respect, and presented the question, which it is certified was decided, upon plea and objections attacking the jurisdiction of the court, because the corporation was not doing business in the state of Missouri, and the person attempted to be served was not its agent at that time.
In a memorandum opinion it is indicated that the learned judge in the court below followed a previous ruling in the same court; and it is stated that it is the law of Missouri, as held by its highest court, that, in a case of this kind, a return of this character is conclusive upon the parties. But it is well settled that, after removal from the state to the Federal court, the moving party has a right to the opinion of the Federal court, not only upon the question of the merits of the case, but as to the validity of the service of process. Wabash Western R. Co. v. Brow, 164 U. S. 271, 278, 41 L. ed. 431, 434, 17 Sup. Ct. Rep. 126.
It is equally well settled in the Federal jurisdiction that a foreign corporation can be served with process within the state only when it is doing business therein, and that such service must be upon an agent who represents the corporation in its business. This subject underwent extensive consideration in the case of Goldey v. Morning News, 156 U. S. 518, 39 L. ed. 517, 15 Sup. Ct. Rep. 559, and the rule is there stated by Mr. Justice Gray, speaking for the court, as follows:
'Service of mesne process from a court of a state, not made upon the defendant or his authorized agent within the state, although there made in some other manner recognized as...
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