Board of Trade of City of Chicago v. Hammond Elevator Company

This is an appeal directly to this court from a decree of the circuit court dismissing, for want of jurisdiction, a bill filed by the board of trade of the city of Chicago, an Illinois corporation, against the Hammond Elevator Company, a Delaware corporation, and a citizen of that state.

The basis of the bill was that the appellant had a property right in the quotation of prices in transactions made within its exchange; that the defendant had entered into a conspiracy with others to steal and was using such quotations, and prayed an injunction. A subpoena was issued in the usual form, requiring the Hammond Elevator Company to appear and answer the bill, and was afterwards returned by the marshal as served within the northern district of Illinois by delivering a copy of the same 'to Albert M. Babb, agent for the Hammond Elevator Company at Peoria,' and also 'by reading the same to and within the presence and hearing of John L. Dickes, a member of the firm of Battle & Dickes, agents of said company,' as well as upon Battle. On the day following the service the elevator company entered a special appearance, and moved the court to set aside the service of the subpoena by the marshal, on the ground that the return was untrue in fact and insufficient in law, and prayed judgment of the court whether it should be compelled to appear or plead to the bill of complaint, because it had not been served with process, and because the defendant was not, at the date of filing the bill, or at any other time, within the state of Illinois; that it is not a resident of such state, but is a Delaware corporation, and its principal place of business is outside the state of Illinois.

This motion of the elevator company was referred to a master to take testimony, and report the same with his conclusions of law. The master filed his report in the circuit court, recommending that the motion of the defendant to quash the service of process be sustained; whereupon counsel for plaintiff stated in open court that he was unable to make any other or different service upon the defendant, and it was ordered that the bill be dismissed as to the Hammond Elevator Company. The bill was also dismissed as to the Western Union Telegraph Company, which had been made a party by an amendment to the original bill. Thereupon appellant appealed to this court upon the same question of jurisdiction, praying that the appeal be allowed and said question be certified, which was done.

Mr. Henry S. Robbings for appellant.

[Argument of Counsel from pages 425-429 intentionally omitted]

Messrs. Lloyd Charles Whitman, Jacob J. Kern, and John A. Brown for appellee.

[Argument of Counsel from pages 429-432 intentionally omitted]

Mr. Justice Brown delivered the opinion of the court: