|
Marin v. Augendahl, 247 U.S. 142 (1918)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Marin v. Augendahl, 247 U.S. 142 (1918)
Marin v. Augendahl No. 227 Submitted March 18, 1918 Decided May 20, 1918 247 U.S. 142
ERROR TO THE DISTRICT COURT OF CASS COUNTY
STATE OF NORTH DAKOTA
Syllabus
Refusal of a state court to respect a sister state judgment upon the ground that the court rendering it exceeded its jurisdiction under its own constitution and laws presents a federal question based on the full faith and credit clause and the supplementary legislation of Congress.
The Minnesota Constitution, Art. 10, § 3, in providing for stockholders’ liability, excepts corporations organized for carrying on manufacturing business.
Held:
(1) That the exception goes not to the jurisdiction, but only to the merits in proceedings to sequester the assets of a local corporation and assess stockholders to pay its debts, under Rev.Laws, 1905, §§ 3173, 3183187, and that an order of assessment, made in such proceedings by the proper Minnesota court, of general jurisdiction, which in other respects has acquired jurisdiction over the corporation, and through it over the shareholders, necessarily involves a determination that the corporation is not of the excepted class, and, in that respect, is in Minnesota conclusive against collateral attack by a shareholder, whether or not he was personally a party to the proceedings.
(2) That like force must be given such order in an action brought by the receiver, appointed in such proceedings, to enforce the assessment against a shareholder in the courts of another state, and that a refusal of those courts to be bound by it, upon the ground that the corporation was of the class excepted by the Minnesota Constitution, and erroneously treating this exception as jurisdictional, fails to accord the due faith and credit to which the order is entitled under the federal Constitution and laws.
32 N.D. 536 reversed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Marin v. Augendahl, 247 U.S. 142 (1918) in 247 U.S. 142 247 U.S. 144. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=BMZR7MXSCS41JLB.
MLA: U.S. Supreme Court. "Syllabus." Marin v. Augendahl, 247 U.S. 142 (1918), in 247 U.S. 142, page 247 U.S. 144. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BMZR7MXSCS41JLB.
Harvard: U.S. Supreme Court, 'Syllabus' in Marin v. Augendahl, 247 U.S. 142 (1918). cited in 1918, 247 U.S. 142, pp.247 U.S. 144. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=BMZR7MXSCS41JLB.
|