Bainbridge v. Merchants' & Miners' Transportation Co

In Bainbridge v. Merchants' & Miners' Transportation Co., 287 U. S. 278, 53 S. Ct. 159, 77 L. Ed. 302 (1932), the suit was brought in a state court in Pennsylvania and it was contended that it was not brought in the proper district since the defendant's principal office was in Baltimore, Md. It was held that the provision had no application to suits brought in state courts and venue should be determined by the state laws. It is apparent from the above-quoted decisions that the jurisdictional provision of section 33 does not vest exclusive jurisdiction in the Federal District Court of the district in which the defendant resides or has his principal place of business. Section 51 of the Judicial Code (28 USCA 112), with exceptions not applicable to this case, provides: "No civil suit shall be brought in any district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant."