Clark v. Williard, 294 U.S. 211 (1935)

Clark v. Williard

No. 361

Argued January 11, 1935
Decided February 4, 1935
294 U.S. 211

CERTIORARI TO THE SUPREME COURT OF MONTANA

Syllabus

1. Every State has jurisdiction to determine for itself the liability of property within its territorial limits to seizure and sale under the process of its courts. P. 213.

2. A State may provide that the local assets of foreign and domestic corporations shall remain subject to be attached by creditors after the corporation have become insolvent and have been dissolved. P. 213.

3. This policy does not offend the full faith and credit clause of the Constitution though it permit local creditor to secure and enforce liens on the local assets of a foreign corporation after the laws of its home State have dissolved it and transferred all of its property to a statutory liquidator for the purpose of making equal distribution among all of its creditors. Converse v. Hamilton, 224 U.S. 243, distinguished. Pp. 214-215.

4. A point not made in the court below nor in the petition for certiorari will not be considered a a ground for reversal. P. 216.

97 Mont. 503, 34 P.2d 982, affirmed.

Certiorari, 293 U.S. 546, to review a judgment entered by the Supreme Court of Montana after an earlier hearing and remand of the case by this Court. See292 U.S. 112.