The Position of Foreign Corporations in American Constitutional Law: A Contribution to the History and Theory of Juristic Persons in Anglo-American Law, Volume 2Traces the history of the gradual evolution of two opposing theories concerning corporations active in a legal sovereignty other than that in which their charter was secured. |
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Page ix
... Alabama : Laws 1839-1840 , 69 Allen v . Flood , [ 1898 ] A. C. · • I Allen v . Pullman Co. , 191 U. S. 171 Allgeyer v . Louisiana , 165 U. S. 578 17 , 21 48 140 128 , 139 109 • • 134 American Smelting and Refining Co. v . Colorado , 204 ...
... Alabama : Laws 1839-1840 , 69 Allen v . Flood , [ 1898 ] A. C. · • I Allen v . Pullman Co. , 191 U. S. 171 Allgeyer v . Louisiana , 165 U. S. 578 17 , 21 48 140 128 , 139 109 • • 134 American Smelting and Refining Co. v . Colorado , 204 ...
Page xiv
... Alabama , 107 U. S. 581 Merrick v . Van Santvoord , 34 N. Y. 208 • Meyer v . Wells , Fargo & Co. , 223 U. S. 298 . Michigan : Rev. Stats . , 1846 , ch . 116 , § 9 ff . Middlebrooks v . The Springfield Fire Insurance Co. , 14 Conn . 301 ...
... Alabama , 107 U. S. 581 Merrick v . Van Santvoord , 34 N. Y. 208 • Meyer v . Wells , Fargo & Co. , 223 U. S. 298 . Michigan : Rev. Stats . , 1846 , ch . 116 , § 9 ff . Middlebrooks v . The Springfield Fire Insurance Co. , 14 Conn . 301 ...
Page 40
... Alabama corporation to inter- 1 Society for the Propagation of the Gospel v . Wheeler , 2 Gall . 104 . 2 Same v . New Haven , 8 Wheat . 464 ( 1823 ) . 3 See New Hampshire , Act of October 3 , 1794 . 4 10 Mass . 91 . Б 7 Martin ( La ...
... Alabama corporation to inter- 1 Society for the Propagation of the Gospel v . Wheeler , 2 Gall . 104 . 2 Same v . New Haven , 8 Wheat . 464 ( 1823 ) . 3 See New Hampshire , Act of October 3 , 1794 . 4 10 Mass . 91 . Б 7 Martin ( La ...
Page 41
... Alabama also had in 1829 permitted suit by a Georgia cor- poration . " In fact , " the court said , so far as our re- searches have extended , the question never seems to have been seriously agitated . " 5 Finally , Bank of Marietta v ...
... Alabama also had in 1829 permitted suit by a Georgia cor- poration . " In fact , " the court said , so far as our re- searches have extended , the question never seems to have been seriously agitated . " 5 Finally , Bank of Marietta v ...
Page 43
... Alabama , when the legislature of Alabama has not seen fit to give it a franchise ? Have the courts , especially have the federal courts , the power to make laws by comity ? " Is it not , at all events , a perilous faculty for comity to ...
... Alabama , when the legislature of Alabama has not seen fit to give it a franchise ? Have the courts , especially have the federal courts , the power to make laws by comity ? " Is it not , at all events , a perilous faculty for comity to ...
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Common terms and phrases
agent Alabama American applied argument authority Bank of Augusta Bank of United cause of action charter Chief Justice citizens citizenship colonies comity Commerce Clause Constitution contract corporation engaged court held Dartmouth College decision discrimination dissent doctrine doctrine of comity domestic corporations due process engaged in interstate entitled established exercise existence expressly expulsion federal courts foreign cor foreign corporation Fourteenth Amendment franchise grant ground Ibid immunities clause imposed incorporation individual interstate business interstate commerce Jersey jurisdiction juristic law of foreign legal personality legislation legislature license tax Louis Southwestern Railway Massachusetts Mining Company Missouri monopolies Mutual Life Insurance Ohio opinion pany Pennsylvania plaintiff poration principle privileges and immunities Pullman Pullman Company purposes Railroad Company reason seems service of process sovereignty statute stockholders sued suit Supra Supreme Court sustained Taney tion trade uncon unconstitutional conditions United Virginia Western Union Western Union Telegraph York
Popular passages
Page 110 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows as a matter of course that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 40 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 191 - No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States...
Page 61 - That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and consequently cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect, can be exercised in their corporate name.
Page 188 - the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.
Page 71 - the privileges and immunities secured to citizens of each State in the several States, by the provision in question, are those privileges and immunities which are common to the citizens in the latter States under their constitution and laws by virtue of their being citizens.
Page 50 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that state...
Page 120 - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter.
Page 50 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.
Page 93 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant...