Reports of Cases in the Supreme Court of Appeals of Virginia (Volume 53) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856. Excerpt: ... 1855. over a route thereby prescribed; and by the 6th secTerm on of tms law was objected to the provisions of the general railroad law of the 11th March 1837, with 'tudOfaio respect to that portion of the road constructed within R. R.Co. this commonwealth, so far as the same were properly Gallahue's applicable; and the company was required to accept m"' the provisions of this act within six months, as a condition upon which the powers and privileges of the said act were granted. Under this act, as it appears from the preamble of the act of 21st of March 1850, Sess. Acts, p. 49, the company has proceeded to complete its road: Thus, with respect to that portion of the road constructed in Virginia, submitting itself to the provisions of the general law regulating railroad companies incorporated by this commonwealth. Regarding it as a corporation of Virginia with respect to that portion of the road constructed within the commonwealth, it is unnecessary to consider what would be the effect of our legislation upon this question, even if it were still to be treated as a foreign corporation, to which certain franchises and immunities within the state were granted and liabilities imposed upon it. It has been supposed that a foreign corporation cannot be sued, because by the common law, process against it must be served upon its head within the jurisdiction where this artificial body exists. The difficulty is rather technical than substantial; and this court held in the case of the Bank of U. S. V. The Merchants Bank of Baltimore, 1 Rob. R. 573, that under our law directing the method of proceeding against absent debtors in courts of equity, a suit might be maintained even against a foreign corporation where it has lands or tenements within the commonwealth; the p...