Galveston, Harrisburg & San Antonio Railway Co. v. Gonzales

151 U.S. 496, 14 S. Ct. 401, 38 L. Ed. 248, 1894 U.S. LEXIS 2075
CourtSupreme Court of the United States
DecidedJanuary 29, 1894
Docket158
StatusPublished
Cited by146 cases

This text of 151 U.S. 496 (Galveston, Harrisburg & San Antonio Railway Co. v. Gonzales) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galveston, Harrisburg & San Antonio Railway Co. v. Gonzales, 151 U.S. 496, 14 S. Ct. 401, 38 L. Ed. 248, 1894 U.S. LEXIS 2075 (1894).

Opinions

[499]*499Mr. Justice Brown,

after stating the case, delivered the opinion of the court.’

This case raises the question whether a railway company, incorporated under the laws of a certain State, and having its principal offices within one district of such State, can be said to be an inhabitant of another district of ■ the same State, through which it operates its line of road and in which it maintains freight and ticket offices and depots.

We have no doubt of our authority under the act of February 25, 1889, to review the decision of the court below sustaining its jurisdiction over the case; and we have already held that the provision of the Texas statute which gives to a special appearance, made to challenge the court’s jurisdiction, the force and effect of a general appearance, so as to confer jurisdiction over the person of the defendant, is not binding upon the Federal ’ courts in that State. Southern Pacific Railway v. Denton, 146 U. S. 202; Mexican Central Railway v. Pinkney, 149 U. S. 194.

By section 1 of the act of August 13, 1888, c. 866, 25 Stat. 433, revising the jurisdiction of the Circuit Courts, it is enacted that “ no civil suit shall be brought before either of said courts against any person by an\r original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, -suit shall be brought only in the district of the residence of either the plaintiff or the defendant;” and by Bev. Stat. § 740, when a State contains more than one district, every suit not of a local nature, in the Circuit or District Courts thereof, against a single defendant, inhabitant of such State, must be brought in the .district where he resides.” The above provision of the act of 1888 is manifestly a restriction upon the jurisdiction conferred by the act of March 8, 1875, c. 137, 18 Stat. 470, which contained a similar provision, but with' the additional privilege of bringing such suit within any district “in which he,” the defendant, “ shall be found at the time of serving such process or commencing such proceeding.”

[500]*500It will be noticed that in this as well as in prior acts regulating the .jurisdiction of the Circuit Courts, a distinction is made between citizens 6f States and inhabitants of districts. This distinction has been carefully observed in all the principal adjudications upon the construction of these statutes, and, for the purpose of determining the habitancy of a railway corporation, it is pertinent to refer to some of these cases. In one of the earliest, viz., Picquet v. Swan, 5 Mason, 35, 46, a suit was begun by trustee process or writ of garnishment sued out by an alien against a defendant, described as “now commorant of the city of Paris in the kingdom of France, of the city of •Boston in. the Commonwealth of Massachusetts, one'of the United States of America, and a citizen of the said United •States.” The process was served by the attachment of a lot of land in Boston belonging to the defendant, and by summoning his agent to appear and show cause. The defendant never-appeared as a party to the suit; and it was-contended that the plaintiff was entitled to consider him in default, and to have judgment. It was • held, however, by Mr. Justice Story, that where a party defendant was a citizen of the United States, but resident in a foreign country, having no .inhabitancy in any State of the Union, the Circuit Courts had no jurisdiction over him in a suit brought by an alien, though his property were attached in the district. The case involved •the construction of that clause of the eleventh section of the Judiciary Act of September 24,1789, c. 20,1 Stat. 73, 78, which provided that “ no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ.” It will be noticed that the words used are '■“inhabitant of thé United States,” not'“inhabitant óf a district,” and, in speaking of these words, Mr. Justice Story said : “ I lay no particular stress upon the word 1 inhabitant,’ and deem it a mere equivalent description of ‘ citizen ’ and £ alien ’ in the general clause conferring jurisdiction over parties.” That he meant the -word “inhabitant” as “inhabitant of the United States” is evident from what follows; “A person [501]*501might be an inhabitant, without being a citizen; and a citizen might not be an inhabitant, though he- retain his citizenship. Alienage or citizenship is one thing; and inhabitancy, by which I understand locál residence, animo manendi, quite another. I read, then, the clause thus: ‘ No civil suit shall be brought before either of said courts against an aMen or a citizen, by any original process, in any other district than that whereof he is an inhabitant, or in which he shall be found, at .the time of serving the writ.’ It cannot be presumed that Congress meant to say, that if an alien or a citizen were not an inhabitant of, or commorant in, the United States, a suit might be maintained against him in any district, and process served abroad upon him, or judgment given against him without any notice or process served upon him.” There is nothing here which indicates that Mr. Justice Story confounded, citizenship of a State with inhabitancy of a district. • .

In Shaw v. Quincy Mining Company, 145 U. S. 444, a citizen of Massachusetts sought to maintain a bill in equity in the Circuit Court for the Southern District of New York against the Quincy Mining Company, a corporation organized under the laws of Michigan, and having a usual place of business in the city of New York, and the question- .arose whether the court had jurisdiction over such a suit. It was held that.it did not. In the opinion of the court it was said that the word “inhabitant” in the act of 1789 was apparently used, not in any larger meaning than “citizen,” but to avoid the incongruity of speaking of a citizen of anything less than a State, when the intention was to cover not only a district which included a whole State, but also two districts in one State.

In construing the acts of 1887 and 1888 it was held-that the}1- could not be considered as giving jurisdiction to a Circuit Court held in a State of which neither party was a citizen, and that “in the case of a corporation, the reasons are, to say the .least, quite as strong for holding that it can sue and be sued only in the State and district in which it has been incorporated, or in the State of which the other party is a citizen.” It was further hold that the domicil, the home, the habitat, the residence, the citizenship of a corporation, could only be in [502]*502the State by, which it' was created, although it might do business in other States whose laws permitted it; and it was finally decided that under these acts of Congress “ a corporation incorporated in one State only,-cannot be compelled to answer, in a Circuit Court of the United'Stares held in another State in which it hás a usual place of business, to a civil suit, at law or in equity, brought by a citizen of a different State.”

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Bluebook (online)
151 U.S. 496, 14 S. Ct. 401, 38 L. Ed. 248, 1894 U.S. LEXIS 2075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galveston-harrisburg-san-antonio-railway-co-v-gonzales-scotus-1894.