22 FEDERAL nnronrnn.
thereto, and has not accepted and does not accept service, nor waive due
service of process upon it. "
l
The motion then proceeds to set forth the same statement of facts
as is contained in the plea -in abatement to the jurisdiction of the
court over said defendants, filed at the same time. Aiiidavite were
filed in support of said motion, which, together with all the allega-
tions of fact contained therein, are- sworn to by the president and gen-
eral manager of the American Bell Telephone Company.
The plea in abatement to the jurisdiction of the court, containing
the same recital of facts as the motion to set aside the marshal’s re-
turn, is as follows: l
"In Equity. The United States ofrtmerica v. The American Bell Telephone
Company et al. Plea to the Jurisdiction.
"The American Bell Telephone Company, named as defendant herein, ap-
pearing specially and solely to object to the jurisdiction and power of this
court to compel it to appear andanewer in the aforesaid action, by protesta-
- tion, not confessing or admitting ‘all or any of the matters and things in the
said bill of complaint contained to be true in such manner and form as the
same are therein and thereby set forth and alleged. pleads to the jurisdiction
of this court over it, and for plea says that this court ought not to compel it
to appear or to answer in the aforesaid action, because at the time of the com-
mencement of the said suit, and at- the times when service of the several
» r write of subpoena issued therein was attempted or pretended to be made upon
it, this defendant was not an inhabitant nor found in the state of Ohio, nor
in either of the judicial districts thereof established by the United States, and
has not been served with process herein, (although service has been attempted
to be made. and a pretended return made upon said subpcena;) and this de-
fendantis not eompellable to appeariin response to said write, and does not
accept or waive service thereof."
And this defendant further says: ,
"The American Bell Telephone Company is a corporation established un-
der the general laws of the commonwealth of Massachusetts. and particularly
by virtue of chapter 117 of the Acts of 1880, and acts in amendment thereof,
to which reference is hereby made. It has always had its place of business
and maintained its oilice in Massachusetts. It was not, at the time of the lil-
ing of the bill in this case, nor of the attempted serviceof the subpoena herein,
nor at any time since the tiling of the bill, nor before, an inhabitant of, nor
a resident of, nor present, nor found, in the state of Ohio, nor the Southern
district of Ohio. It was notat either of said times doing business in the state
of Ohio, nor engaged in carrying on the business of telephony in the state of
Ohio. It had not, at either of said times, any place of business, oflice, officer,
or managing agent, nor any partner, in the state of Ohio. It has not been
served with process in the state of Ohio. nor has service been accepted or
waived by it, or by any one thereto authorized.
"N either of the other corporations defendant was, at any of said times. a ‘
partner, nor a managing agent, of the American Bell Telephone Company, in
“ the state of Ohio, nor elsewhere.
"The bill seeks to annul,cance1, tear the seal from, and destroy the two
patents—No. 174,465 and No. 186,787-referred to in the bill. and to de-
stroy the property therein of the owner thereof. The American Bell Tele-
phone Company now is, and at all times since the year 1881 has been, the sole .
owner and poeseseor of said patents. Said other corporations defendant have _
never been owners or co-owners or part owners thereof, in law or in equity,