CORPORATIONS-INCORPORATION IN SEVERAL STATES AS AFFECTING JURUSDICTION OF FEDERAL COURTS

Authors

Abstract

The question of the citizenship of a foreign corporation as conferring jurisdiction upon a federal court has been raised again in Carolina & Northwestern R. Co. v. Town of Clover, before the federal district court for the western district of South Carolina. The Railway company, originally incorporated in North Carolina, had complied with the provision of the South Carolina Domestication Act, and by an act of the South Carolina legislature entitled "An Act to Confirm the Incorporation in this State of the C. & N. W. Ry." had been declared to be a corporation organized under the laws of South Carolina and had been authorized to acquire and operate the properties of the Chester & Lenoir Ry., a South Carolina corporation. In an action by the Railway company against the defendant South Carolina municipal corporation, the court held that neither the act of the South Carolina legislature, the compliance with the Domestication Act, nor the acquisition of the properties of the domestic corporation created an independent corporation in South Carolina so as to prevent the plaintiff from invoking the jurisdiction of the federal court on the ground of diversity of citizenship.

Recommended Citation

CORPORATIONS-INCORPORATION IN SEVERAL STATES AS AFFECTING JURUSDICTION OF FEDERAL COURTS, 28 Mich. L. Rev. 436 (1930).
Available at: https://repository.law.umich.edu/mlr/vol28/iss4/7