Evansville Courier Co. v. United Press

9,315
Decided Circuit Court, D. Indiana
Disposition
reversed
full scope · unanimous
Scan to open on mobileScan to open on another device
Court
Circuit Court, D. Indiana
Decided
Judge
BAKER, District Judge
Posture
Suit to enjoin defendant from withholding performance of a contract for transmission of daily telegraphic news reports
Plaintiff (1)
Evansville Courier Company
Baker & Daniels, Frank B. Burke
v.
Defendant (1)
United Press
Chambers, Pickens & Moores

Overview

The return fails to show such service as gives the court jurisdiction, and it must therefore be set aside. Leave is granted to the plaintiff to take such further action as it may be advised.

Case summary

The Evansville Courier Company, an Indiana corporation, sued United Press, a New York corporation, in federal court in Indiana to enforce a contract for news transmission. The plaintiff served process on two individuals in Indiana: John F. Wallick (superintendent of Western Union Telegraph) and T.G.M. Fisher (a news gatherer). Defendant challenged the service, arguing neither was its agent. The court held that under Indiana statute and federal law, service was insufficient because defendant had no presence in Indiana—no office, officers, or agents—and neither Wallick nor Fisher qualified as a general or special agent. The service was set aside, but plaintiff was granted leave to take further action.

Abstract

Plaintiff sued a foreign corporation in federal court to enforce a news transmission contract and served process on two individuals claimed to be agents, but the court held service insufficient under state and federal law because the individuals did not qualify as general or special agents and the corporation lacked presence in the state with no office, officers, or agents. The service of process was set aside due to failure to establish jurisdiction. Plaintiff was granted leave to pursue further action.

Opinion of the court

Majority
opinion
BAKER, District Judge
  • Jurisdiction based on diversity of citizenship is proper
  • Service of process must comply with Indiana statute for corporations
  • Defendant had no agents in Indiana for service purposes
  • Neither Wallick nor Fisher was an agent of the defendant

Jurisdiction

challenged
Statutory basis
Act of March 8, 1887, as amended by the act of August 18, 1888 (25 Stat. 483, 484)
Subject matter
Diversity jurisdiction (citizens of different states)
Jurisdictional holding
Service of process was insufficient to give the court jurisdiction over the defendant; the return must be set aside
Jurisdictional facts
  • Plaintiff is a corporation organized under Indiana law and a citizen of Indiana
  • Defendant is a corporation organized under New York law and a citizen of New York

Procedural posture

Posture at trial
Suit to enjoin defendant from withholding performance of a contract for transmission of daily telegraphic news reports
Posture on appeal
Direct appeal regarding service of process and jurisdiction
Preserved issues
  • Whether service of process was sufficient to give the court jurisdiction over the defendant
Forfeited issues
  • None identified

Legal categories

Business

Case record

Full case name
EVANSVILLE COURIER CO. v. UNITED PRESS
Docket number
9,315
Court
Circuit Court, D. Indiana
Trial court
Circuit Court, D. Indiana
Trial court judge
BAKER, District Judge
Decided
Opinion author
BAKER, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
BAKER, District Judge

Issues & holdings

1
Issues raised
1
reversed
1
Holdings
Standard of review

de novo

Disposition rationale

Neither person served was an officer or general/special agent of the defendant under Indiana statute; defendant had no presence in Indiana

Preservation

Issue preserved for review

Holdings of the court

Service of process on foreign corporation
Service of process was insufficient to establish jurisdiction over the defendant because neither Wallick nor Fisher was an officer or general/special agent of the defendant under Indiana law
Defendant had no office, officers, or agents in Indiana; Wallick was merely a telegraph company manager with no authority to represent defendant; Fisher was an independent news gatherer paid per item with no agency relationship
unanimousbinding precedent

Error analysis

  • Insufficient service of process on defendant — procedural · error foundNot applicable as error goes to jurisdiction · not applicable

Statutory interpretation

2
Statute
1 Burns’ Rev. St. Ind. 1894, p. 102, § 318 (Rev. St. 1881, § 316)
Question
Who qualifies as an agent for service of process on a corporation
Court's reading
Service may be made on president, presiding officer, chairman, chief officer, or if not found, on cashier, treasurer, director, secretary, clerk, general or special agent; neither Wallick nor Fisher met these criteria
Canons applied
Plain meaning
Statute
Act of March 8, 1887, as amended by the act of August 18, 1888 (25 Stat. 483, 484)
Question
Venue for diversity cases
Court's reading
Suit may be brought in district of residence of either plaintiff or defendant when jurisdiction is based solely on diversity
Canons applied
Plain meaning

Standards of review

  • Sufficiency of service of process — de novo Legal determination of whether service complied with statutory requirements

Timeline

3
Events
149
Days, incident to ruling
—
Span
procedural eventcited in opinion

Service of subpoena in chancery on John F. Wallick, superintendent of Western Union Telegraph, alleged as agent of defendant

Outcome: Process served

Attempt to establish jurisdiction over defendant through service on alleged agent

Service of process sufficiency
Marshal · John F. Wallick Indianapolis, Indiana trial court
procedural eventcited in opinion

Service of subpoena in chancery on T.G.M. Fisher, alleged as agent of defendant

Outcome: Process served

Attempt to establish jurisdiction over defendant through service on alleged agent

Service of process sufficiency
Marshal · T.G.M. Fisher Indianapolis, Indiana trial court
rulingcited in opinion

Court issued opinion setting aside service of process and granting leave for plaintiff to take further action

Outcome: Service set aside

Final ruling on jurisdiction issue

Service of process sufficiency
BAKER, District Judge Circuit Court, D. Indiana trial court

Facts & evidence

Incident

Location
Indianapolis, Indiana

Key facts

5 facts
  1. Plaintiff (Evansville Courier Co.) sued defendant (United Press) to enforce a contract for news transmission
  2. Defendant is a New York corporation with its principal place of business in New York City
  3. Defendant has no office, officers, or agents in Indiana
  4. Process was served on John F. Wallick (superintendent of Western Union Telegraph) and T.G.M. Fisher (news gatherer)
  5. Defendant filed a plea in abatement challenging the service of process

Disputed questions

  • Whether Wallick and Fisher were agents of the defendant for service of process

Procedural history

4 steps
  1. Plaintiff filed suit in Circuit Court, D. Indiana
  2. Defendant entered special appearance and filed plea in abatement
  3. Evidence taken by a master
  4. Court ruled on sufficiency of service of process

Evidence in the record

Testimonial
  • Testimony from Walter P. Phillips, secretary and treasurer of United Press, that Fisher was not an employee or agent
  • Evidence from master showing defendant's New York incorporation and lack of Indiana presence
Documentary
  • Contract for news transmission
  • Return of service by marshal
Challenged
  • Evidence type: Service of process return · Challenge basis: Insufficiency under Indiana statute and lack of agency · Trial court ruling: excluded · Reasoning: Persons served were not agents of defendant · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Telegraph wires leased by United Press from Western Union for news transmission

Authorities

Cited authorities (3)

Machine Co. v. Walthers, 134 U. S. 41, 43, 10 Sup. Ct. 485
followedprecedent
Cited for rule that in diversity cases, suit may be brought in district of either party
Construction Co. v. Fitzgerald, 137 U. S. 98, 106, 11 Sup. Ct. 86
appliedprecedent
Cited for principle that foreign corporation not doing business in state cannot be served if no officer is there representing it
N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co., 9 U. S. App. 212, 4 C. C. A. 403, 54 Fed. 420
appliedpersuasive
Cited analogously for lack of agency relationship in similar context

Related cases (6)

Machine Co. v. Walthers, 134 U. S. 41, 43, 10 Sup. Ct. 485
prior appeal
Cited for proposition that suit may be brought in district of either party in diversity cases
Shaw v. Mining Co., 145 U. S. 444, 12 Sup. Ct. 935
prior appeal
Cited for proposition that suit may be brought in district of either party in diversity cases
Pacific Co. v. Denton, 146 U. S. 202, 13 Sup. Ct. 44
prior appeal
Cited for proposition that suit may be brought in district of either party in diversity cases
In re Keasbey & Mattison Co., 160 U. S. 221, 229, 16 Sup. Ct. 273
prior appeal
Cited for proposition that suit may be brought in district of either party in diversity cases
Construction Co. v. Fitzgerald, 137 U. S. 98, 106, 11 Sup. Ct. 86
prior appeal
Cited for rule that foreign corporation not doing business in state cannot be served if no officer is there representing it
N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co., 9 U. S. App. 212, 4 C. C. A. 403, 54 Fed. 420
prior appeal
Cited analogously for lack of agency relationship

Statutes

  • 1 Burns’ Rev. St. Ind. 1894, § 318 (service on corporations)
  • Act of March 8, 1887, as amended by act of August 18, 1888 (25 Stat. 483, 484) (venue for diversity cases)

Standards & doctrines

  • De novo review for legal sufficiency of service
  • Agency principles for service of process

Legal principles applied

  • Foreign corporation must have agent in state for valid service
  • Diversity cases may be brought in district of either party's residence
Index terms63
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
reversed
Target
Service of process
Appealed from
Marshal's return of service
Context
Court set aside the service of process as insufficient to establish jurisdiction over the defendant
Scope
full
Further instructions
Leave granted to plaintiff to take further action
Disposition vote
unanimous
Search facets
Parties
Judges
Baker
Courts
Locations
Statutes cited