HENNING v. WESTERN UNION TEL. Co.

Circuit Court, D. South Carolina.

May 23, 1890.

v.43F, no.2-7

REMOVAL OF CAUSES—DOMICILE—CORPORATIONS.

A corporation chartered in another state is not a resident of a state, within the sense of the removal act of 1888, simply because it does business and has agents within such state. Following Fales v. Railway Co., 32 Fed. Rep. 673.

(Syllabus by the Court.)

At Law. On motion to remand.

BOND, J. The petition to remand this cause is based on the ground that the defendant, although a corporation under the law of New York, has a place of business, agents, and property in South Carolina. Being so a resident of the state of South Carolina, it is argued the cause should not have been removed from the state court under the act of congress of 1888. We follow Fales v. Railway Co., 32 Fed. Rep. 673. and the other cases taking the same view with it. The motion to remand is refused.

SIMONTON, J., concurring.

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