Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (1900)
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.
Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (1900)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 177 U.S. 442, click here.
Great Southern Fire Proof Hotel Company v. Jones No. 210 Argued March 21-22, 1900 Decided April 9, 1900 177 U.S. 449
CERTIORARI TO THE CIRCUIT COURT
OF APPEALS FOR THE SIXTH CIRCUIT
Syllabus
On writ of error or appeal, the first and fundamental question is that of jurisdiction, first of this Court and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.
A limited partnership, doing business under a firm name and organized under the Act of the General Assembly of Pennsylvania approved June 2, 1874, entitled
An act authorizing the formation of partnership associations in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances,
is not a corporation within the rule that a suit by or against a corporation in a court of the United States is conclusively presumed, for the purposes of the litigation, to be one by or against citizens of the state creating the corporation. It is not sufficient that the association may be described as a quasi-corporation or as a "new artificial person." The rule does not embrace a new artificial person that is not a corporation.
Under the circumstances disclosed by the record, the circuit court should allow an amendment of the pleadings upon the subject of the citizenship of the parties, and the case should proceed to a final hearing on the merits in the event the pleadings as amended show a case within the jurisdiction of the court.
The case is stated in the opinion of the court.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (1900) in 177 U.S. 449 177 U.S. 450. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JCYXWM1RYDZEB22.
MLA: U.S. Supreme Court. "Syllabus." Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (1900), in 177 U.S. 449, page 177 U.S. 450. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JCYXWM1RYDZEB22.
Harvard: U.S. Supreme Court, 'Syllabus' in Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (1900). cited in 1900, 177 U.S. 449, pp.177 U.S. 450. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JCYXWM1RYDZEB22.
|