Page:Federal Reporter, 1st Series, Volume 7.djvu/152

 XeO TEDERAL REPORTER. �tions ; that the ruling of aaid court of appeals should be followed by United States courts, uniess it is overruled by the supreme court of Missouri. �In Equity. On motion to dismiss for want of jurisdietion. �The respondent, the St. Louis Shakspear Mining & Smelting Company, is a corporation organized under the laws of Illinois, and by its charter its principal office is declared to be in the city of St. Louis, in the county of St. Clair, and State of Illinois. The bill alleges that all the stock- holders and offlcers of the corporation were, at the time of the organiza- tion of the company, and still are, citizens of Missouri and residents of the city of St. Louis. The complainant daims to be a crediter ofthis cor- poration in the sum of $3,180, and brings this suit to compel the several stockholders to contribute ratablyto the'payment and satisfaction thereof. The bill contains the following averment : �" Complainant further slates that this corporation respondent has ceased doing business, having the debt aforesaid duc and unpaid ; that it has no office or agent ia the dity of East 8t. Ldtiis,'nc'r' in the state <^ jQli&oia, nor is ther^-any property Snywhere belonging* ito 'said corpora- tion out of which said debt, pr any part of it, can be made- ' ' �The marshal's return as to service 9f summoas on the corporation is as follow,s: . ., , ', �''i nave'executed this writ by deliy^ripg a copy thereof ,. together with tfte'iJeiitlori thereto attached, to lioren^o' Brown, secretary of the within- naifl'fed St). Louis Shakspeki'Mining 'afld B'melting Company, at the office of ,th8:8efiretary of said company, a* 503 iWashington aveaue, in the city of St. Louis, in said district, on the fourteenth day of February, 1881, he being in charge of said office, and I being unable to flnd the president or other chief offlcer of said Company In said district." •. �iThe'iiBotioa is tu diamiss upon the giound that it 'appears from the reefflidtbat the corporation respbndent Is neither a cltizetl uf iior fouhd in the dis trie*,' -within the iaeanirig of tihe act of congresa deflning'thie juris- dietion of the circuit court of the United States, approved MarCh 3, 1875. �Wickham & Robertson, for motion. �i)yer 4 ElUs, for complainant. . MoCbary, C. J. The respondent corporation was organized, tinder the law of Illinois, to carry on the baainess of mining, and is for jurisdietional pufposes to be regarded as a citizen of that state. The motion to dismiss being before us for con- sideration, the important question is whether such a foreign corporation can be sued in this court upon the ground that it lias an office in the city of St. Louis for the transaction of its business, and upon service made at such office upon its secretary. We construe the return as showing that service ■was made upon the secretary at the office of the company in ��� �