Statement by Mr. Justice GRAY: This was a petition for a writ of mandamus to the judges of the circuit court of the United States for the southern district of New York, to command them to take jurisdiction and proceed against the Hamburg-American Packet Company upon a bill in equity filed in that court on September 15, 1888, by the petitioner, described in the bill as of the city of New York, and a citizen of the state of New York, against 'the Hamburg-American Packet Company, a corporation organized and existing under the laws of the kingdom of Hanover, empire of Germany, and doing business in the city of New York; Henry R. Kunhardt, Sr., Henry R. Kunhardt, Jr., George H. Diehl, citizens of the United States, and residents of the state of New York; and Arend Behrens and William Koester, citizens of the United States, and residents of the state of New Jersey,'-for the infringement by all the defendants of letters patent granted by the United States to the plaintiff for an improvement in slings for packages. Upon that bill the following proceedings took place:
A subpoena was issued, addressed to all the defendants, and was served on September 17, 1888, as stated in the marshal's return thereon, 'upon the within-named defendant Henry R. Kunhardt, Sr., by exhibiting to him the within original, and at the same time leaving with him a copy thereof;' and 'upon the within-named defendant Hamburg-American Packet Company, by exhibiting to Henry R. Kunhardt, Sr., general agent for said company, the within original, and at the same time leaving with him a copy thereof.'
On November 5, 1888, the return day of the subpoena, a general appearance for all the defendants was entered by a solicitor.
On December 18, 1888, the company, 'by Kunhardt & Co., agents,' filed a demurrer to the bill for multifariousness, for want of equity, 'and for divers other good causes of demurrer appearing in the said bill of complaint,' and not otherwise specified; and supported the demurrer by the affidavit of Behrens that he was an agent of the company, that the demurrer was not interposed for delay, and that he was duly authorized to make the affidavit in behalf of the company.
On December 24, 1888, the plaintiff moved for leave to amend his bill, by alleging that the defendants jointly infringed his patent; and 'that all of the defendants above named are inhabitants of the city and county of New York; that the defendant the Hamburg-American Packet Company has its principal business office in this country located in the city and county of New York; that the defendants Henry R. Kunhardt, Sr., Henry R. Kunhardt, Jr., George H. Diehl, Arend Behrens, and William Koester are, and during the time of the infringement above set forth were, copartners under the firm name of Kunhardt & Company, and as such copartners are and were the agents and managers of the business of the Hamburg-American Packet Company in this country, and have their principal business office as such located in the city and county of New York; and that the said infringements were committed in the prosecution of such business, and all the defendants have co-operated and participated in all the said acts and infringements.'