39 Neb. 632 | Neb. | 1894
F. J. Snyder & Co. sued the Fremont Butter & Egg Company (hereinafter called the “corporation”) in the dis
1. That the verdict of .the jury, on which is based the judgment here sought to be reversed, is contrary to the evidence. The record shows that the corporation was organized under the general incorporation laws of the state, its principal place of business, as fixed by its charter, being in the city of Fremont, in Dodge county, where its general manager resided. It is a trading corporation, engaged in the buying, packing, shipping, and sale of butter, and the buying, assorting, candling, boxing, shipping, and sale of eggs. It had “branch houses” at Red Oak, Iowa, and in Beatrice and Wahoo, Nebraska. In the latter city, at the time and for some years prior to the time of the transaction out of which this suit arose, it had a place of business — business house — on which it kept its sign, viz.: “ Fremont Butter & Egg Co., Buyers of Butter and Eggs.” The corporation had in its employ there one or more persons. Butter and eggs were bought by these employes or persons operating for the corporation and in its name. The eggs were assorted, candled, and boxed at this place of business by these employes of the corporation, and then shipped to the Fremont house, or to such other point as the corporation’s general manager directed. The general manager of the corporation was frequently in Wahoo looking after the business there. Among others who bought butter and eggs at this point for the corporation was one Darrah. It is claimed by the corporation that he
2. The next error assigned is that the district court of Saunders county had no jurisdiction of the corporation, as it could be sued only in Dodge county, that being the location of its principal place of business. Section 55 of the Code of Civil Procedure provides: “An action * * * against a corporation created by the laws of this state, may be brought in the county in which it is situated, or has its principal office or place of business.” * * * It is argued that the word “ may ” in this section means “ must,” and that the word “situated” is synonymous with “principal place of business.” But the able counsel are mistaken in their construction. The meaning of this statute is that a domestic corporation may be sued (1) in the county where
3. We have not been unmindful of the complaints made by counsel for the corporation that the court erred in certain instructions given to the jury, and in the admission and rejection of certain testimony at the trial. We have carefully examined the instructions and the evidence complained of and have reached the conclusion that the court was not in error in the matters complained of. It follows that the judgment of the district court must be, and the same is
Affirmed.