Court : US Supreme Court
Decided on : Nov-06-1882
Steamship Company v. Tugman - 106 U.S. 118 (1882) U.S. Supreme Court Steamship Company v. Tugman, 106 U.S. 118 (1882) Steamship Company v. Tugman Decided November 6, 1882 106 U.S. 118 ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus 1. The members of a foreign corporation, when it sues or is sued in a court of the United States, are conclusively presumed to be citizens or subjects of the state or country which created it. 2. The citizenship of the parties, if it be shown by the record, need not be set out in the petition for the removal of a suit from the state court to the circuit court of the United States. 3. Upon the filing of the requisite petition and bond in a suit which is removable, the state court is absolutely divested of jurisdiction of such suit, and its subsequent orders are coram non judice unless its jurisdiction be in some form actually restored. 4. A failure to file the transcript within the time prescribed by the statute does not restore th...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-18-1882
St. Clair v. Cox - 106 U.S. 350 (1882) U.S. Supreme Court St. Clair v. Cox, 106 U.S. 350 (1882) St. Clair v. Cox Decided December 18, 1882 106 U.S. 350 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus 1. The courts of the United States do not regard as valid or as importing verity a judgment in personam rendered by a state court for the recovery of a debt or demand unless the defendant either entered a voluntary appearance, or he or someone authorized to receive process for him was personally cited to appear. Pennoyer v. Neff, 95 U. S. 714 , cited and approved, and the doctrines announced in that case declared to be applicable to personal judgments against corporations. 2. Michigan permits foreign corporations to transact business within her limits, and when a suit by attachment is brought against one of them by a resident of the state, she authorizes the service of a copy of the writ, with a copy of the inventory of the prop...
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