47 W. Va. 1 | W. Va. | 1899
P. H. Rorer, assignee of Earnest Rorer, brought suit in the circuit court of Mercer County against the People’s Building, Loan & Savings Association, a corporation of Geneva, N. Y., on a certain stock certificate for eight and one-fourth shares, issued by such corporation on the 1st day of June, 189S. Summons was issued the 2,4th day of September, 1898, directed to the sheriff of Mercer County, for service in his bailiwick, but on the 28th day of September, 1898, it was served by one William Brown, by delivering a copy thereof to J. C. Noland, the duly-appointed attorney in fact of said corporation, to accept service in the county of Pleasants, his place of residence. On the 14th of November, 1898, judgment was rendered against the defendant by default for the sum of six hundred dollars. On the 15th day of November, 1898, the defendant appeared by attorney, and moved the vacation of such judgment for various reasons, the first being want of jurisdiction in the court to render the same. The defendant also filed its petitions and affidavits asking to be permitted to make defense. The court overruled the defendant’s motion, and refused to allow it to make defense. From these rulings the defendant seeks relief in this Court. The principal question insisted upon is want of jurisdiction. The jurisdiction of the circuit court is specified and limited by chapter 123 of the Code; and, while its jurisdiction — being general in its nature — will be usually presumed, it must come within these limitations. The record affirmatively shows that the defendant is a corporation, nonresident of this State, and the only provision' by which the plaintiff claims that the circuit court of Mercer County had jurisdiction is under the second clause of chapter 123, Code, as amended by chapter '46, Acts 1897, in words as follows, “Where it does business.” He further claims that, because the record is silent, the court will presume the defendant was doing business in Mercer County. The record does not affirmatively show jurisdiction in the court. Admitting that the issuing of stock was business done in Mercer County, its date is the 1st of June, 1895, while the statute requires a present doing of business. On the contrary, it plainly appears from the record that the defendant is not doing business in Mercer County. If it had been, it
Reversed.