Disconto Gesellshaft v. Umbreit, 208 U.S. 570 (1908)

ERROR TO THE CIRCUIT COURT OF MILWAUKEE

COUNTY (BRANCH NO. 1), STATE OF WISCONSIN

Syllabus

It is too late to raise the federal question on motion for rehearing in the state court unless that court entertains the motion and expressly passes on the federal question.

While aliens are ordinarily permitted to resort to our courts for redress of wrongs and protection of rights, the removal of property to another jurisdiction for adjustment of claims against it is a matter of comity, and not of absolute right, and, in the absence of treaty stipulations, it is within the power of a state to determine its policy in regard thereto.

The refusal by a state to exercise comity in such manner as would impair the rights of local creditors by removing a fund to a foreign jurisdiction for administration does not deprive a foreign creditor of his property without due process of law or deny to him the equal protection of the law, and so held as to a judgment of the highest court of Wisconsin holding the attachment of a citizen of that state superior to an earlier attachment of a foreign creditor.

While the treaty of 1828 with Prussia has been recognized as being still in force by both the United States and the German Empire, there is nothing therein undertaking to change the rule of national comity that permits a country to first protect the rights of its own citizens in local property before permitting it to be taken out of its jurisdiction for administration in favor of creditors beyond its borders.

127 Wis. 676 affirmed.

The facts are stated in the opinion.