482 Bain Peanut Co of Texas v. Pinson 49

CourtUnited States Supreme Court
Writing for the CourtHOLMES
Parties7 L. Ed. 482 BAIN PEANUT CO. OF TEXAS et al. v. PINSON et al. No 49
Decision Date24 February 1931

282 U.S. 499
51 S.Ct. 228
7 L. Ed. 482
BAIN PEANUT CO. OF TEXAS et al.

v.

PINSON et al.

No 49.
Argued and Submitted Jan. 12, 1931.
Decided Feb. 24, 1931.

Page 500

Messrs. B. G. Mansell and B. L. Agerton, both of Fort Worth, Tex., for appellant.

Mr. Gib Callaway, of Brownwood, Tex., for appellee.

Mr. Justice HOLMES delivered the opinion of the Court.

The Bain Peanut Company, a corporation of Texas, was sued in Comanche County of that State, being the county in which the cause of action arose. Its principal office was in Tarrant County, Texas. In due form it raised the question whether the statute of Texas (subdivision 24, article 1830, R. S. 1911, now subdivision 23, article 1995, R. S. 1925) that allowed suits against private corporations to be brought in any county in which the cause of action arose was valid under the Fourteenth Amendment of the Constitution when unincorporated individuals are assumed not to be 'subject to suit outside their domiciliary counties in a similar situation.' We understand the Supreme Court of the State to have upheld the constitutionality of the statute although at first we were misled by the form of the order dismissing the application for a writ of error 'for want of jurisdiction.' A certificate from the Court executed since the question of our jurisdiction was before us satisfies us that the form was adopted in compliance with the Court's interpretation of a statute, and that while the Court was of opinion that the judgment sought to be brought up was correct in upholding the statute, yet, since it also regarded the

Page 501

opinion as incorrect in its declaration of the law, its duty was to adopt the above quoted form. The judgment below stood affirmed in fact against the fully stated objection of the appellant, and justice requires that the objection should be dealt with, although at first it seemed as if the Supreme Court was acting upon local grounds of procedure with which we have nothing to do, except when used as a cloak which was not the case here.

Coming then to the merits, we are of opinion that the judgment was right. The interpretation of constitutional principles must not be too literal. We must remember that the machinery of government would not work if it were not allowed a little play in its joints. In deciding whether a corporation is denied the equal protection of the laws when its creator establishes a more extensive venue for actions against it than are fixed for private...

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121 practice notes
  • Plaut v. Spendthrift Farm Inc., 931121
    • United States
    • United States Supreme Court
    • April 18, 1995
    ...that the machinery of government would not work if it were not allowed a little play in its joints." Bain Peanut Co. of Texas v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482 (1931) (Holmes, J.). The three Branches must cooperate in order to govern. We should regard favorably, ......
  • Am. Council of Life Insurers v. Dist. of Columbia Health Benefit Exch. Auth., Civil Action No. 14–cv–1138 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 13, 2014
    ...would not work if it were not allowed a little play in its joints.’ ” Beach Commc'ns, 959 F.2d at 988 (quoting Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 75 L.Ed. 482 (1931) ).The plaintiff may indeed be correct that a better fit exists but this is not sufficient to “overco......
  • State v. Gamble Skogmo, Inc., No. C
    • United States
    • United States State Supreme Court of North Dakota
    • August 16, 1966
    ...remedies by fine distinctions to fit specific needs, 'The range of the State's discretion is large.' Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482. This is especially so where, by the nature of its subject, regulation must take account of traditional and prev......
  • Big Ridge, Inc. v. Fed. Mine Safety, Nos. 12–2316
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 26, 2013
    ...“remember that the machinery of government would not work if it were not allowed a little play in its joints.” Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 75 L.Ed. 482 (1931). In light of the long history of mine accidents and illness, Congress has given the Secretary and MS......
  • Request a trial to view additional results
122 cases
  • Plaut v. Spendthrift Farm Inc., 931121
    • United States
    • United States Supreme Court
    • April 18, 1995
    ...that the machinery of government would not work if it were not allowed a little play in its joints." Bain Peanut Co. of Texas v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482 (1931) (Holmes, J.). The three Branches must cooperate in order to govern. We should regard favorably, ......
  • Am. Council of Life Insurers v. Dist. of Columbia Health Benefit Exch. Auth., Civil Action No. 14–cv–1138 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 13, 2014
    ...would not work if it were not allowed a little play in its joints.’ ” Beach Commc'ns, 959 F.2d at 988 (quoting Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 75 L.Ed. 482 (1931) ).The plaintiff may indeed be correct that a better fit exists but this is not sufficient to “overco......
  • State v. Gamble Skogmo, Inc., No. C
    • United States
    • United States State Supreme Court of North Dakota
    • August 16, 1966
    ...remedies by fine distinctions to fit specific needs, 'The range of the State's discretion is large.' Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482. This is especially so where, by the nature of its subject, regulation must take account of traditional and prev......
  • Big Ridge, Inc. v. Fed. Mine Safety, Nos. 12–2316
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 26, 2013
    ...“remember that the machinery of government would not work if it were not allowed a little play in its joints.” Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 75 L.Ed. 482 (1931). In light of the long history of mine accidents and illness, Congress has given the Secretary and MS......
  • Request a trial to view additional results

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