Joseph McKenna

“ Whatever effect a constructive service may be allowed in the courts of the same government, it cannot be recognized as valid by the courts of any other government.' It was also held that the defendant, by filing a petition for removal, did not waive defects in the service of summons, and that objection could be made of such service in the circuit court of the United States in the same manner as if the action had been originally commenced there. ”

“ Before the time for answer had expired, on defendant's motion the cause was transferred to the United States circuit court for the southern district of New York. A motion was made in that court to set aside the summons and service as null and void. Affidavits were presented by both parties, and ruling on them the court said that if the facts stated by the affidavits of the defendant were true, that, at the time of the service of the summons and for some months before, defendant corporation had ceased to do business in the state, the motion should be granted. ”

“ The defendant was competent to convey its property to the Castner Electrolytic Alkali Company, and afterwards make the locality of its own business Providence and Salville. Whether the transfer to the latter company was fraudulent we certainly cannot decide from this record, and the by-law, which provided for a monthly meeting in New York, could not of itself keep the corporation in New York. The testimony is positive that no business of the corporation was done in New York city after the transfer of the Niagara Falls plant ”