The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-03
The New York ard New Haven Railroad
Company.
UNITED STA res CIRCUIT COURT.

UNITED STATES CIRCUIT COURT
DEC. 2S.--Alenander H. Pom<roy Us. the New York aw6
N-, Haren Railroad Conpany-Nelson, c. 1.-THE quos
ton presented upon the plea ngs is, whether not the
Court has jurisdiction to hear and determine the matters
controversy The defen rants corporation created
by the laws Of tho State Of Connecticut and the suit was
cUmnenced by the service Of process upon an officer q
the company within the Sootherh district OF the State 81
New York The JUDICIARY act Of 1852 Il U. s. Statutes, p
7S) provides that civil suit shalt be brought in tha
Circuit Court agans, nhapan of the United States in
any other district whereof he nhabant,
in which he shall be found at the time of servng the
writ In the case of Iay VS. the Newark India Rubber
Company, n Blachford, 62S held that corporate
bony created by tie Legislature of New jersey could
have existence bee ond she limits Of the territory
the President, in the city OF New York gave jurs-
dicon to The Circuit Court over the defendant. He
neither an nhabitant OF the district was the
it, The before US, however, has an additional
feature, 80. found in that case, which is relied on 10
distinguish IT, the eff CT OF which we will proceed TO
consoer b. statute Of New York passed May H. 1876,
PERMISSION aud authority were given 10 this Cnnnecticut
company continue and extend it, railroad (Which
from New Haven to the New York iine) from the.
dividing line Of the two states through the County Of West
ches ter New York 10 connect with the New York and
Harlem line Of and authorized to take trans
poi and convey persons aud property the by the
power of steam animals. The company also
horzed procure hold such real estate should DO
necessary and convenient for tho purposes Of the road tS
construct the same with one or moro tracks, to regulate
the time and OF transporting passengers and
roads, erect station houses ana other necessary build
ngs to fix and regulate the charges for the conveyance
that the said company should be liable to be sued
in the corporations created by the laws
o, the State and that the process might be served
officer agent Of the COMPANY Tho company has avsh
ed itself Of the privileges aud franchises OF this statute
of New York built the road put r operation. and
IS undoubtedly 10 be regarded having submitted 70
tn conditions imposed and If this were suit in
State court of New York, there coI.d be little II
ciculty IN maintaining the suit upon the present
service Of the process Indeed this very point de-
cded NC 81 the Lafayette nsuran Company
French, ct al, (ls How. 404) That suit upon
judgment recovered in State court Ohio against .
poat.on OF the state Of In ana upon service OF
ageDt la Ohio. But the difficulty here Is n
giving enec, to this awof New York, providing for ser.
Of process against the defendant That is regulated
o;hs court by the OF Congress Of 1889, already
referred to, aud cannot be altered modified by any
state law ACCORDING this the defe nd must
nhabant OF the district process with
IT, in order TO give the Court Jurisdiction The juris
ucon OF the Court over the property az the foreign
pany within IT, at It's place OF business very different
quesCp. Lord Brougham put very pertinent question:
in hts opinion, upon this subject by askog IT, In the
foreign corporation disohey ed the process upon
its agent in another country this Court would punish ths
agent for the contumacyr In that the attempt
made TO epion Scotch corporation by service upon It's
agent at place Of BUSH Ia England Upon the WHOLE
At present advised think the Court has jurisdic
ton o. the defendant. and my opinion upon the point
more doubtful than n %, should be willing,
q the magnitude OF the present TO the
jurisdiction when there tribunals before whom may
be heard and determr ed unembsased with this Ques
ton JudemeDt Tor the defendant the demurrer.
Amos n. Emo rs The Sdme-The ike judgment
A Belmont rs. The Srm,--rne like judgment
4. Z. Clarke re The Same.-rhe like judgment