110 F. 1 | U.S. Circuit Court for the District of Southern Alabama | 1901
The question raised by the demurrer is one of jurisdiction. The defendant is a corporation incorporated under the laws of the state of West Virginia, but at the time of the act complained of it had a place of business and carried on business in this state and in this district by and through a representative or agent, on whom service of process was had in this case. The judiciary act of 1875 provided that no civil suit shall be brought against any person outside of the district in which he resides or may be found at the time of service of process, etc. Under the act the decisions of the federal courts were that when a foreign corporation carried on business in a state by means of an agent or representative appointed to act there, and having charge and management of such business, it impliedly assents to be found and sued there in the person of such agent. It was held that a corporation may be found in a foreign state, within the meaning of the federal law, when it exercises its powers by express consent of the legislature of such state, or when it -is required by a general law of the state to appoint an agent for the service of process as a condition to the transaction of