207 U.S. 277 (1907), 67, Patch v. Wabash Railroad Company

Docket NºNo. 67
Citation207 U.S. 277, 28 S.Ct. 80, 52 L.Ed. 204
Party NamePatch v. Wabash Railroad Company
Case DateDecember 02, 1907
CourtUnited States Supreme Court

Page 277

207 U.S. 277 (1907)

28 S.Ct. 80, 52 L.Ed. 204

Patch

v.

Wabash Railroad Company

No. 67

United States Supreme Court

December 2, 1907

Argued November 16, 1907

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF ILLINOIS

Syllabus

The certificate of a judge of the circuit court that the judgment is based solely on jurisdictional grounds is an act of record, and quaere whether it stands on any different ground from judgments and the like when the term has passed, and whether it can then be amended so as to show that it was signed inadvertently and by mistake and to certify that the question of jurisdiction was not passed on and that the decision was based on another ground. Such a mistake is not clerical.

The provision in a state statute that no nonresident shall be appointed or act as administrator or executor does not open the appointment of a nonresident to collateral attack in an action brought by him so as to deprive him of his right to file a plea that the case cannot be removed to the federal court.

A corporation incorporated simultaneously and freely in several states exists in each state by virtue of the laws of that state, and when it incurs a liability under the laws of one of the states in which it is incorporated and is sued therein, it cannot escape the jurisdiction thereof and remove to the federal court on the ground that, as it is also incorporated in the other states, it is not a citizen of that state. Southern Railway v. Allison, 190 U.S. 326, and other cases, holding that, where the corporation originally incorporated in one state was compelled to become a corporation of another state so as to exercise it power therein, distinguished.

The facts are stated in the opinion.

Page 280

HOLMES, J., lead opinion

MR. JUSTICE HOLMES delivered the opinion of the Court.

This was an action brought by the plaintiff in error to recover for the death of his intestate in a collision upon the defendant's railroad in Illinois. The action was begun in a court of the state [28 S.Ct. 81] and the defendant forthwith filed a petition for the removal of the cause to the United States circuit court. The petition averred, among other things, that the defendant was a corporation organized under the laws of Ohio and a citizen of that state, and was not a resident of Illinois, and that the plaintiff was a citizen and resident of Illinois. The removal was ordered and completed. Thereupon the plaintiff filed in the United States court a plea in which he alleged that the defendant was a corporation organized and existing under and by virtue of the laws of Illinois, Missouri, Indiana, Michigan, and Ohio, by the consolidation of five other corporations, severally created by the laws of those states respectively, that the defendant was a citizen of and resident in Illinois and each of said other states, and that the plaintiff was a citizen of Ohio, and the plaintiff prayed judgment whether the court could take cognizance of the action.

The defendant, after having pleaded the general issue to the action, demurred to the plaintiff's plea. Upon a hearing, the demurrer was sustained and, the plaintiff electing to stand by his plea, a judgment was entered that the defendant recover its costs. The plaintiff prayed a writ of error, and the judge

Page 281

certified that the judgment was based solely on the ground that the controversy was one between citizens of different states, that in his opinion the record showed that the defendant was not a citizen of or resident in Illinois, that no other ground of jurisdiction appeared, and that jurisdiction was retained only for the reasons stated. A few days later, but after the writ of error had been taken out and filed, and after a new term of the circuit court had begun, the judge undertook to amend the certificate on the ground that it had been signed inadvertently, under a mistake as to its nature and contents, and to certify instead that the question of jurisdiction was not passed upon, but that the ground of the decision was that the plaintiff, being a citizen of Ohio, and therefore presumed not to be a resident of Illinois, was forbidden by...

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41 practice notes
  • 185 F.2d 104 (3rd Cir. 1950), 10250, Gavin v. Hudson & M.R. Co.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Third Circuit
    • November 13, 1950
    ...note 11, infra. [6] For cases in which the language might indicate that the place of injury is important see Patch v. Wabash R. Co., 1907, 207 U.S. 277, 283, 28 S.Ct. 80, 52 L.Ed. 204; St. Louis & San Francisco Ry. v. James, 1896, 161 U.S. 545, 560, 16 S.Ct. 621, 40 L.Ed. 802; Winn v. W......
  • 50 F.2d 860 (4th Cir. 1931), 3105, Grand Lodge, I.B. & P.O.O.E. of World v. Grand Lodge, I.B. & P.O.O.E. of World, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • June 19, 1931
    ...of citizenship. St. Joseph & Grand Island Railroad v. Steele, 167 U.S. 659, 17 S.Ct. 925, 42 L.Ed. 315; Patch v. Wabash R. Co., 207 U.S. 277, 28 S.Ct. 80, 52 L.Ed. 204, 12 Ann.cas.. 518. The effect of incorporation in other states is merely to give the order corporate existence in those......
  • 122 N.W. 947 (Iowa 1909), O'Connor v. Chicago, R.I. & P. Ry. Co.
    • United States
    • Iowa Supreme Court of Iowa
    • October 26, 1909
    ...we have no occasion to revert to other questions raised in argument, but see Wasley v. Railway (C. C.) 147 F. 608; Patch v. Wabash Ry., 207 U.S. 277, (28 S.Ct. 80, 52 L.Ed. 204).--Reversed.This does not indicate of what State plaintiff was then a citizen, nor, even if he were then a citizen......
  • 177 A.D. 296, Venner v. New York Central and H.R.R. Co.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • April 5, 1917
    ...in which the companies fused becomes immaterial. There was a simultaneous consolidation of all the companies (Patch v. Wabash R. R. Co., 207 U.S. 277, 284), so that it cannot be said that there was such disconnection of any parts as to make the union defective. (Continental Trust Co. v. Tol......
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40 cases
  • 185 F.2d 104 (3rd Cir. 1950), 10250, Gavin v. Hudson & M.R. Co.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Third Circuit
    • November 13, 1950
    ...note 11, infra. [6] For cases in which the language might indicate that the place of injury is important see Patch v. Wabash R. Co., 1907, 207 U.S. 277, 283, 28 S.Ct. 80, 52 L.Ed. 204; St. Louis & San Francisco Ry. v. James, 1896, 161 U.S. 545, 560, 16 S.Ct. 621, 40 L.Ed. 802; Winn v. W......
  • 50 F.2d 860 (4th Cir. 1931), 3105, Grand Lodge, I.B. & P.O.O.E. of World v. Grand Lodge, I.B. & P.O.O.E. of World, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • June 19, 1931
    ...of citizenship. St. Joseph & Grand Island Railroad v. Steele, 167 U.S. 659, 17 S.Ct. 925, 42 L.Ed. 315; Patch v. Wabash R. Co., 207 U.S. 277, 28 S.Ct. 80, 52 L.Ed. 204, 12 Ann.cas.. 518. The effect of incorporation in other states is merely to give the order corporate existence in those......
  • 122 N.W. 947 (Iowa 1909), O'Connor v. Chicago, R.I. & P. Ry. Co.
    • United States
    • Iowa Supreme Court of Iowa
    • October 26, 1909
    ...we have no occasion to revert to other questions raised in argument, but see Wasley v. Railway (C. C.) 147 F. 608; Patch v. Wabash Ry., 207 U.S. 277, (28 S.Ct. 80, 52 L.Ed. 204).--Reversed.This does not indicate of what State plaintiff was then a citizen, nor, even if he were then a citizen......
  • 177 A.D. 296, Venner v. New York Central and H.R.R. Co.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • April 5, 1917
    ...in which the companies fused becomes immaterial. There was a simultaneous consolidation of all the companies (Patch v. Wabash R. R. Co., 207 U.S. 277, 284), so that it cannot be said that there was such disconnection of any parts as to make the union defective. (Continental Trust Co. v. Tol......
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1 books & journal articles
  • The common law origins of constitutionally compelled remedies.
    • United States
    • Yale Law Journal Vol. 107 Nbr. 1, October 1997
    • October 1, 1997
    ...simultaneously incorporated in several states, however, could not disregard citizenship of such states. See Patch v. Wabash R.R., 207 U.S. 277, 283 (1907). The doctrine in the area remained somewhat unclear. See Henry M. Hart, Jr. & Herbert Wechsler, The Federal Courts and the Federal S......