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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 705   View pdf image (33K)
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CORPORATIONS. 705

or in a local action, where the subject matter thereof lies; and a corpora-
tion acting as surety may be sued wherever a similar corporation of this
State could be sued under the provisions of section 103 of this article.
Process may be directed to the sheriff, constable or other proper officer of
any county or of the city of Baltimore, 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 follows: If such corporation has a resident agent
authorized and prepared to accept service as provided by section 119 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 (sub-
ject to the special provision for insurance companies and fraternal benefi-
ciary societies, orders or associations hereinafter mentioned) upon any
president, 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, presi-
dent, 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 be one named as
aforesaid. If any foreign corporation shall, after incurring liability in
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, how-
ever, 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
authorized 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 Maryland.

Sec. 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 creation. Object of said section. Controversy held to
relate solely to the internal management of a corporation. Condon v. Mutual Re-
serve Assn., 89 Md. 116; North State, etc., Co. v. Field, 64 Md. 153.

The object of sec. 411 of the Code of 1904, was to enlarge the jurisdiction 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 contract, and in such case the
foreign corporation is not amenable to process unless it voluntarily appears, in which
event the court acquires jurisdiction. Fairfax, etc., Co. v. Chambers, 75 Md. 614.

A railroad company of Georgia, having a traffic arrangement with a steamship
line in Maryland running from Baltimore to Savannah, and which employed
an agent in this state to solicit freight, held to be " doing business " in this state,

24

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 705   View pdf image (33K)
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