Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.
Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.
Opinion of the Court
It is of course true that the courts of this state cannot acquire jurisdiction over persons not present in the state, except for the purpose of adjudicating with reference to property or status here located. This is an inherent limita-. tion upon the power and jurisdiction of the state under our form of government, and cannot be escaped by reason of local statutes declaring such power. Jarvis v. Barrett, 14 Wis. 591; Smith v. Grady, 68 Wis. 215, 31 N. W. 477; Witt v. Meyer, 69 Wis. 595; 35 N. W. 25; Renier v. Hurlbut, 81 Wis. 24, 50 N. W. 783; Moyer v. Koontz, 103 Wis. 22, 79 N. W. 50; Maxcy v. McCord, 120 Wis. 571, 98 N. W. 529, 98 N. W. 923; Fitch v. Huntington, 125 Wis. 204, 102 N. W. 1066; Pennoyer v. Neff, 95 U. S. 714; Goldey v. Morning News, 156 U. S. 518, 520, 15 Sup. Ct. 559. Hence, although our statute may in terms authorize a suit against a foreign corporation whenever the plaintiff resides in this state and the summons can be served upon some officer or agent of the corporation, those statutes must be ineffective to give jurisdiction unless the presence of such officer or agent within ■our borders amounts to presence of the corporation, for it is undoubtedly possible for an individual who, incidentally, is officer of a corporation to come into this state in his personal capacity without bringing the corporation with him. Goldey v. Morning Netas, supra; Conley v. Mathieson A. Works, 190 U. S. 406, 23 Sup. Ct. 728. It is however uniformly recognized that when a person, corporate or natural,, does place it
By the Court — Order affirmed.
Reference
- Full Case Name
- Fond du Lac Cheese & Butter Company v. Henningsen Produce Company
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- Courts: Jurisdiction: Foreign corporations: Service on officer within this state: Due process of law. 1. Courts of this state cannot acquire jurisdiction over persons not present in the state, except for the purpose of adjudicating with reference to property or status here located. 2. A statute authorizing an action against a foreign corporation-whenever the plaintiff resides in this state and the summons, can he served upon some officer or agent of the corporation, is ineffective to confer jurisdiction unless the presence of such officer or agent within the state amounts to presence of the corporation. 3. Where the treasurer and manager of a foreign corporation was, at the time summons was served upon him, within the state negotiating for adjustment of the corporation’s liability upon the claim sued on, and such matter was within his authority, his presence was the presence of the corporation within the state and jurisdiction was acquired by such service. 4. Service of summons in the manner authorized by subd. 18, sec. 2637, Stats. (1808), satisfies all requirements of due process of law.