Page:Federal Reporter, 1st Series, Volume 8.djvu/813

BODTHEBN EXPSESS CO. V. MEMC'HIB, BTC, B. 00. 1^9 �a Nebraska corporation, in respect to all its transactions within this state ; and the agents of the company, conduoting its business in Nebraska, are the agents of the Nebraska corporation, otherwise the statute could have no effect whatever. If the officers and agents of this corporation, engaged in the transaction of its business in Ne- braska, are to be regarded as the ofScers and agents of the lowa cor- poration, it follows that the statute has made it a Nebraska corpora- tion in name only, and not in fact or in law. The same natural persons may constitute two or more distinct corporations. A corpo- ration in Nebraska must exist by virtue of the law of this state, and if that law constitutes the defendant a Nebraska corporation, it mat- ters not that the law of lowa also constitutes it a corporation of that Btate. It is the right of each state, in which a corporation transacts business, to require it to become a corporation under and by Tirtue of its own laws. This right having been exercised by the state of Nebraska, in a statute plainly applicable to thc defendant, we must hol]4 it a domestic corporation, and not a foreign corporation, subject to the jurisdiction of this court. �Judgment for defendant upon the plea in abatement. ���BOTJTHBBN EXPBESS Co. V. MeMPHIS, EtC, R. Co. {Circuit Court, E. D. Arkansaa. July, 1881.) �BAUJtOAss — RiGHTS op ErPKBss Companieb— Injunction. �A temporary injuaction granted, to enjoin a railroad company from chsrg- ing a certain express company higher rates than were chargea to othto' apeci- fled companies by the same railroad. �The complainant, an express company, has been for many years engaged in carrying on an express business OYer the respondent's railroad. No written contract was ever entered into between the parties; but the business was carried on without objection, and upon terms mutually satisfactory, until some time in the year 1880, when the railroad company asserted its own right to transact all the express business upon its line, and attempted to eject the complainant there- from. Upon the application of complainant, and upon the allegations oontained in his original bill, a temporary injunction was, on the twenty-first of June, 1880, granted by the district judge, restraining the respondent from interferiug with the complainant, etc., and from ��� �