Chandler v. Peketz, 297 U.S. 609 (1936)

Chandler v. Peketz


No. 583


Argued March 4, 1936
Decided March 30, 1936
297 U.S. 609

CERTIORARI TO THE SUPREME COURT OF COLORADO

Syllabus

1. A judgment in Minnesota rendered upon application of the receiver of a Minnesota corporation and levying an assessment upon the stockholders pursuant to Minnesota Constitution, Art. 10, § 3, and Mason’s Minnesota Statutes, §§ 8025-8028, binds nonresident stockholders not served with process in Minnesota, and must he given full faith and credit by the courts of the States of their residence in actions brought by the receiver to collect the assessments. Bernheimer v. Converse, 206 U.S. 516, and other cases followed. P. 610.

2. Jurisdiction of a court in Minnesota in such a proceeding attaches when the petition of the receiver is filed in accordance with the Minnesota statute, and the resulting judgment of assessment cannot be attacked collaterally for mere errors or procedural irregularities. P. 611.

97 Colo. 268, 49 P.2d 425, reversed.

Certiorari, 296 U.S. 571, to review the affirmance of a judgment dismissing the complaint in an action by the receiver of a corporation to enforce an assessment against a stockholder.