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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 577   View pdf image (33K)
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ART. 23] FOREIGN CORPORATIONS. 577

or exercises its franchises, or in a local action, where the subject matter
thereof lies; and a corporation acting as surety may be sued wherever
a similar corporation of this State could be sued under the provisions
of section 87 of this article. Process may be directed to the sheriff,
constable or other proper officer of any county or of the city of Balti-
more, returnable to the clerk of the court out of which, or to the justice
of the peace by which, the same was issued, and may be served as fol-
lows: If such corporation has a resident agent authorized and prepared
to accept service as provided by section 93 of this article, such process
shall be served upon him. If the corporation has no resident agent
so authorized and prepared, process may be served (subject to the
special provision for insurance companies and fraternal beneficiary
societies, orders or associations hereinafter mentioned) upon any presi-
dent, manager, director, ticket agent or officer of the corporation, or
upon any agent or other person in its service. In all cases, however, a
copy of the process shall be left with the person upon whom it is served;
and where process is served upon any person other than the resident
agent, president, director or other officer of the corporation, a copy of
the process shall also be left at its principal office in this State, if there
he one named as aforesaid. If any foreign corporation shall, after
incurring liability hi this State or after making any contract with a
resident thereof, cease to do business or to have such resident agent or
a president, director, manager or other officer herein, then and in such
case suit may be brought in the county or city in which the plaintiff
resides and process may be served upon any person in this State who
was last a resident agent, president, director, manager or other officer
of such corporation in this State; provided, however, that a copy of
such process shall also be served on the president or some director of
such foreign corporation wherever he may be found, and an affidavit of
such service may be made by the person serving the same (whether he
be a resident or a non-resident of this State) before any -officer author-
ized by the laws of this State to take the acknowledgment of deeds to
be recorded therein. And the affidavit showing such service and the
time thereof shall be returned to the court in which the suit against
such foreign corporation is pending. Nothing herein shall prevent or
affect the issue of attachments against foreign corporations as now or
hereafter allowed by law.

When, and relative to what, a foreign corporation may be sued in Mary-
land.

Section 411 of the code of 1904 did not give Maryland courts jurisdiction
over the Internal affairs of a foreign corporation, nor any visitorial power
over it so that its charter might be forfeited or Its officers removed; nor
can Maryland courts exercise authority over the by-laws or the relations
between the corporation and its members growing out of the law of its crea-
tion. Object of said section. Controversy held to relate solely to the
internal management of a corporation. Condon v. Mutual Reserve Assn., 89
Md. 116; North State, etc., Co. v. Field, 64 Md. 153.

The object of section 411 of the code of 1904, was to enlarge the Jurisdic-
tion of our courts over foreign corporations doing business in this state.
Said section does not apply to a suit by a non-resident upon a foreign con-
tract, and in such case the foreign corporation is not amenable to process
3Y

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 577   View pdf image (33K)
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