CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


PALMER V. TEXAS, 212 U. S. 118 (1909)

Subscribe to Cases that cite 212 U. S. 118 RSS feed for this section

U.S. Supreme Court

Palmer v. Texas, 212 U.S. 118 (1909)

Palmer v. Texas

No. 224

Argued April 8, 9, 1908

Decided January 18, 1909

212 U.S. 118

Syllabus

As the federal and the state courts exercise jurisdiction within the same territory, derived from and controlled by separate authority, each must respect the jurisdiction acquired over property by the other.

When either a federal or a state court of competent jurisdiction takes possession of or acquires jurisdiction over property, that property is chanroblesvirtualawlibrary

Page 212 U. S. 119

as effectually withdrawn from the jurisdiction of the other court as though removed to the territory of another sovereignty. Wabash Railroad v. Adelbert College, 208 U. S. 38, 208 U. S. 54.

Jurisdiction over property, properly acquired by the state court on the qualification of the receiver, is not lost by the giving of a supersedeas pending appeal which, as in this case, merely suspends the order of appointment.

When a state court has acquired jurisdiction over property before any application is made to the federal court, it has the right, while lawfully exercising that jurisdiction, to determine how far it will permit any other court to interfere therewith. People's Bank v. Calhoun, 102 U. S. 256.

Jurisdiction over property by a state court so as to withdraw it from the jurisdiction of federal court in the same territory does not necessarily depend on possession, but is acquired as soon as the receiver has been appointed and has qualified. Farmer's Loan & Trust Co. v. Lake St. Electric Railway Co., 177 U. S. 59, followed; Shields v. Coleman, 157 U. S. 168, distinguished.

The courts of a state construe its statutes, and their judgment is conclusive in the federal court.

Where the state courts have sustained a receivership of a foreign corporation on a statute in force before the corporation entered the state, and such statute provides for the appointment of a receiver in case of dissolution, forfeiture, insolvency, or imminent danger thereof, the fact that the receivership was also sustained under provisions of an antitrust law passed after the corporation entered the state does not amount to an unlawful interference of the rights of such corporation to transact interstate commerce business.

Under the circumstance of this case, it is not proper to charge the costs and expense of the receiver erroneously appointed by the federal court on complainant, but those expense should be paid from the fund.

158 F.7d 5 modified and affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 212 U. S. 123





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED