Southern Realty Investment Co. v. Walker, 211 U.S. 603 (1909)

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Southern Realty Investment Company v. Walker


No. 43


Argued December 7, 8, 1908
Decided January 4, 1909
211 U.S. 603

ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF GEORGIA

Syllabus

A corporation organized by citizens of one state in another state simply for the purpose of bringing suits on causes of action against citizens of the former state in the federal courts where jurisdiction would not otherwise exist is a sham and, under § 5 of the Act of March 3, 1875, c. 137, 18 Stat. 470, a suit brought by such a corporation does not really and substantially involve a dispute within the jurisdiction of the circuit court, and should be dismissed, as soon as such facts have been ascertained.

The facts are stated in the opinion.