Page:Federal Reporter, 1st Series, Volume 8.djvu/808

 794 FEDERAL REPORTER. �charged, 'and the sale made in compliance with the law, with no de- fect in the proceedings which invalidates the purchaser's title. It was admitted at the hearing that the rents of the property in contro- verse have amounted to $18 per month. The judgment will be for the plaintiff for the possession of the property, and for $243.60 for rents and costs of suit. ���Stout V. Sioux CiTT & Pacific R. Co. �{Circuit Court, D. Nebraslca. January, 1881.) �1. RAiLBOAD CobfobationS — Samb Company a Corporation of Differeht States— CiTizENSHiP— JuRisDicTioN OF Pedbral Courts— Service of Pro- �CESS. �In an action between a citizen of the state of Nebrasica and a railroad Com- pany, which, originally incorporated under the laws of the state of lowa, had extended its road into the state of Nebraska, had flled a copy of its original articles of incorporation with the state secretary, and, in other respects, had compiied with the state laws governing such companies, held, on a plea to the jurisdiction of the court, that, under the laws of the state of Nebraska, the Company had become a domestic corporation. Hdd, also, that service upon the managing agent of the company for the state of Nebraska is not suflicient service on the lowa corporation, though the line through both states is under one management, one set of offlcers, one board of directors, one set of stock- holders ; though the general offices are in lowa, and though the agent make» his reports to the general offices. �E. Wakeley and /. R. Webster, for plaintiff. �Joy e Wright, iov defendant. �McCkaey, C. J. This case is before the court on a plea to the jurisdiction, which presents for consideration a question of impor- tance in its application to this case, and, probably, to other cases in this district. The facts are agreed upon, and are as follows : �Plaintiff, a citizen of Nebraska, sues the defendant, alleging that it is a citizen of lowa, to recover damages for personal injuries sustained, as he alleges, at the towii of Blair, Nebraska, on the twenty-aeventh day of March, 1869, through the negligence of defendant in the management of a railroad then possessed and opeiated by it in Nebraska. The said defendant, the Sioux City and Pacific Railroad Company, was duly organized and incor- porated under the laws of lowa in 1864. Prior to the year 1870 it built a railroad iii thO/State of lowa, and also extended the saine into and built a i-ailroad in the state of Nebraska. On the twenty-flrst day of September, 1869, the defendant filed a true copy of its original articles of incorpora- tion in the office of the secretary of state of the state of Nebraska. Defend- ant still owns and operates said line of railroad in the states of lowa and ��� �