A Treatise on the Law of Non-residents and Foreign Corporations as Administered in the State and Federal Courts of the United States

Front Cover
T.H. Flood, 1892 - 438 pages
 

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Contents

Wharfage charges
12
Pilot fees
13
PART II
16
Color blindness of locomotive engineers etc
17
Exclusion of diseased cattle
18
Lotteries Contract rights
19
Intoxicating liquors
20
Power to change an article from a lawful to an unlawful sub ject of commerce
21
Oleomargarine
23
Same Interstate commerce
25
INVESTMENTS OF NONRESIDENTS
27
Leading case of Gelpcke v Dubuque 1 Wall 175
34
CHAPTER IV
41
PART II
47
Section Page 47 Construction of statutes Casual presence of officer in state of process
49
Effect of such judgment in other states
51
PART III
52
Objection of plaintiffs disability to sue How taken
53
Cases contra on voluntary payment
56
Voluntary payment to foreign administrator after appoint ment of domestic administrator
59
Suit in personal capacity O
60
B Suits against foreign executors and administrators 57 Nonsuability in federal courts
61
Conflicting decisions in state courts
63
Effect of judgment against local assets
64
Voluntary appearance as defendant
65
Foreign executor is liable for local assets collected by him
66
Waiver of this liability by creditors
67
PART IV
69
Suits against foreign receivers
70
Statutes relative to suits against receivers
71
CHAPTER V
73
Modes of relief for breach of privilege
74
Section Page 70 Waiver of privilege
76
Extradition and interstate rendition
77
Fraud or violence vitiates civil process
78
Effect of such judgment in other states
79
General appearance no waiver of fraud
80
Mode of impeaching judgment of sister state for plaintiffs fraud
81
Administration on estate of living person is void
82
Statutes authorizing grant of administration after three years absence
83
CHAPTER VI
86
General rule that federal courts follow state laws
87
Exception 1 General commercial law
88
a Transfer of negotiable paper as payment of or security for preexisting debt
89
b Municipal bonds irregularly issued
90
d Payment by note
91
Exception 2 General jurisprudence
92
Exception 3 Conflicting decisions of same state court
93
Burden of proof in actions for negligence
94
Charging jury upon matters of fact
95
Ordering a judgment of nonsuit
96
Setting up equitable defenses in actions at law
97
Mode of acquiring jurisdiction in state courts
98
Selection of state court
100
Has congress power to confer such jurisdiction upon other federal courts?
101
SUITS IN FEDERAL COURTS
103
Corporations are citizens for purposes of suit
109
Vacancy in the office of tax collector
115
CHAPTER XI
120
Restitution of money collected on judgment afterwards
121
Section
126
Plurality of plaintiffs residing in different states or districts
129
Section Page 126 Time and mode of objecting to jurisdiction
136
Amendment dropping party from the record
137
But not property situated outside the state
151
138139 Attachment of debts or intangible property 152
152
Effect in other states of the garnishment of debts due non residents
156
Same Protection of garnishee
159
Estoppel by conduct
160
Action for evasion of exemption laws of parties common domicile
163
Voluntary appearance of defendant operates as a waiver
164
Lis pendens in other jurisdictions
165
Nonresident garnishee
167
Liability to attachment is determined by law of the state where property is situated
169
Qualifications of this rule 1 Plaintiffs fraud
170
2 Evasions of exemption laws of the parties common domi cile
171
3 Evasions of the insolvent laws of the parties common domicile
173
Dissolution of attachment in state courts by death or insolv ency of defendant
175
Section Page
176
Insolvent assignees
182
Debts due the insolvent debtor by nonresidents Rules
189
PART II
195
Same 2 Rule with respect to lands and chattels
206
JUDGMENTS BY DEFAULT AGAINST NONRESIDENTS PART I
211
Section Page 176 Subject how divided
212
Effect of judgment upon voluntary default
213
Amending record after defendants withdrawal
216
Involuntary default of nonresident defendant
217
Leading case of Pennoyer v Neff 95 U S 714
218
Pennoyer v Neff 95 U S 714 is binding upon state courts
221
Domestic judgments of state courts Collateral impeach
222
ment of
223
Constitutional and interstate jurisdiction
225
Statutes authorizing substituted service of process must be strictly pursued
226
Jointdebtor acts
227
Judgment void in personam in other states against joint debtor not served
228
Entering appearance for nonresident partner
229
Allegation and proof of foreign law
230
Satisfaction of void judgment bars action on original demand
232
Personal service of process in another state
233
Attachment of property does not confer jurisdiction of the person
235
No merger of original cause of action
236
Merger ceases upon reversal of judgment
239
Contradiction of the record by parol evidence
240
Early cases overruled
241
Reversal of such judgment saves bar of limitation
242
Same 2 Crossactions and crossbills against nonresidents
245
Same 5 Service of process in appellate proceedings
251
Qualifications and exceptions 1 Service on agent of non resident defendant 213
253
Judgment by garnishment of debt due nonresident defend
257
The fourteenth amendment invalidates state judgments ren
264
Leading case of Arndt v Griggs 134 U S 316
270
Kind of jurisdiction required to divest title of nonresident
279
Second ground of objection Land is not under the control
289
Jurisdiction of federal courts in divorce
295
Provisions for imparting notice must be strictly followed
301
Bar of sister state 1 Chattels and land
305
Bar of sister state 2 Debts
306
Effect of divorce outside the state of rendition
307
Criticism of People v Baker 76 N Y 78
316
Established principles
319
Grounds of decisions holding discharge void as against non
325
Attachment and execution after discharge
331
CHAPTER XV
345
Page
350
Actions against foreign corporations
356
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Page 306 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 126 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 72 - In respect of any act or transaction of his in carrying on the business connected with such property...
Page 25 - In the privilege of pursuing an ordinary calling or trade, and of acquiring, holding, and selling property, must be embraced the right to make all proper contracts in relation thereto...
Page 349 - That no appeal or writ of error by which any order, judgment, or decree may be reviewed in the circuit courts of appeals under the provisions of this act shall be taken or sued out except within six months after the entry of the order, judgment, or decree sought to be reviewed...
Page 14 - That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States, respectively, wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose, until further legislative provision shall be made by Congress.
Page 292 - The provision of the constitution never has been understood to embrace other contracts than those which respect property or some object of value, and confer rights which may be asserted in a court of justice.
Page 134 - ... defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear...
Page 142 - ... court, and thereupon the said court shall make an order setting aside the judgment therein and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just...
Page 9 - To carry on interstate commerce is not a franchise or a privilege granted by the State; it is a right which every citizen of the United States is entitled to exercise under the Constitution and laws of the United States...

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