Page:Federal Reporter, 1st Series, Volume 8.djvu/809

BTOUT V, SibUX CITY A PACIFIC B. 00. 795 �Nebraska, and bas had from the beginning its principal place of business at Cedar Eapids, lowa. By an act of the general assembly of Nebraska, ap- proved Febraary 12, 1869, it is provided — �" That any railroad corapany heretofore organized under the laws of the states of Kansas, Missouri, or lovva is hereby authorized to extend and build its road into the state of Nebraska; and such railroad companies shall have and possess all the powers, franchises, and privileges, and be subject to the same liabilities, of railroad companies organized and incorporated under the laws of this state: pro- vided, «uch non-resident company shall first file a true copy of its articles of incorporation with the secretary of state, and shall comply with the laws of Nebraska as to filing and recording articles of incorporation, and in all things required by law relating to railroads and otherwise in this state ; and such non- resident Company shall keep an otuce in this state, in some county in this state in whicb its road is or is proposed to be; and shall be liable to civil process, to be sued and to sue, as provided by law." Gen. St. Neb. 1873, p. 203. �By another act of said general assembly, approved February 14, 1873, it la provided — �"That any railroad company which bas been organized under the laws of the states of lowa, Kansas, or Missouri, and which bas heretofore extended its Une of road in this state, or built any portion of its Une of road in this state, and bas flled a true copy of its original articles of incorporation in the ofiSce of the secretary of state of this state, is, from the time of filing said copy of its original articles of incorporation as aforesaid, hereby declared tobe a legal corporation of this state, and entitled to all the rights, privileges, and franchises of railroad companies organized under and pursuant to the laws of the state of Nebraska." Id. 206. . �The summons is returned served upon the defendant " by delivering to, and leaving with, Frank Harriman, its managing ag'ent in this state and district, a certified copy of this summons, with all the indorsements thereon. Said service was made in "Washington county, state and district of Nebraska." The declaration in this case was filed AprU 27, 1874, and the summons was served on the eleventh day of May in the sarae year. �Upon these facts the following questions arise upon the considera- tion of the plea to the jurisdiotion : �First. Was the defendant a foreign corporation at the time the suit waa commenced? Second. And, if so, was the defendant an inhabitant of, or found within, the district of Nebraska at the time of the service of process in this case ? �The suit was commenced and process served in April and May, 1874, at which times both the acts above named were in force — the latest one having been approved February 14, 1873. It is true that only the first of these acts was in force when the accident occurred which is the foundation of this suit, and inasmuch as I am of the opinion that the first act did not constitute the defendant a Nebraska corporation, it becomes necessary to consider whether it is the statute in force at the time of the accident, or that which is in force at the time of the service of process, that is to govern as to the forum. Upon this point I entertain no doubt. Ail questions of jurisdiction ��� �