and the appropriate state court to hear and determine a claim arising under the Federal Employers' Liability Act. The Circuit Court of Jefferson County therefore had jurisdiction of the subject matter of the suit.
The complaint alleges that the deceased husband was employed by the Western of Alabama and by the Central of Georgia at the time of his injuries. There appears no controversy but that the Central of Georgia is a foreign corporation doing business in Jefferson County.
Under Section 60, Title 7, Code of Alabama 1940, a foreign corporation may be sued in any county in which it does business by an agent. The Circuit Court of Jefferson County therefore, upon service of process, had jurisdiction of the Central of Georgia, and jurisdiction of the cause of actionon the plea in abatement in the present case, and in the event the plea is sustained, as to the Central of Georgia Railroad, it would then be proper for the court to order the transfer of the cause to Montgomery County for trial of the claim against Western of Alabama.
In brief counsel for petitioners have laid much emphasis upon the decision in Ex parte Textile Workers Union of America, supra. In said case the court had sustained the plaintiff's motion to strike a plea in abatement going to the jurisdiction of the court on the averment that the defendants Textile Workers Union of America were not doing business in Calhoun County under the name of "Local 204 of the Textile Workers Union of America." Instead, the court