First Nat Bank of Canton, Pa v. Williams, No. 618

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
Citation252 U.S. 504,40 S.Ct. 372,64 L.Ed. 690
PartiesFIRST NAT. BANK OF CANTON, PA., v. WILLIAMS, Comptroller of the Currency
Decision Date19 April 1920
Docket NumberNo. 618

252 U.S. 504
40 S.Ct. 372
64 L.Ed. 690
FIRST NAT. BANK OF CANTON, PA.,

v.

WILLIAMS, Comptroller of the Currency.

No. 618.
Argued March 3, 1920.
Decided April 19, 1920.

Mr. John B. Stanchfield, of New York City, for appellant.

Messrs. Solicitor General King and La Rue Brown, of Boston, Mass., for appellee.

[Argument of Counsel from pages 504-508 intentionally omitted]

Page 508

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Appellant, whose place of business is within the Middle district of Pennsylvania, brought this suit in the United States District Court for that district, seeking an injunction to prevent John Skelton Williams, Comptroller of the Currency, from doing certain things under color of his office declared to be threatened, unlawful, arbitrary, and oppressive.

The bill alleges that, in order to injure complainant's president, towards whom he entertained personal ill will, the Comptroller determined to destroy its business, and to that end he had maliciously persecuted and oppressed it for three years, in the following ways, among others: By often demanding special reports and information beyond the powers conferred upon him by law; by disclosing confidential and official information concerning it to banks, members of Congress, representatives of the press, and the public generally; by inciting litigation against it and its officers; by publishing and disseminating false statements, charging it with unlawful acts and improper conduct and reflecting upon its solvency; and by distributing to depositors, stockholders and others alarming statements intended to affect its credit, etc., etc.—and further that, unless restrained, he would continue these and similar malicious and oppressive practices.

Williams is a citizen of Virginia, officially stationed at Washington. He was not summoned while in the Middle district of Penny lvania, but a subpoena was served upon him in Washington by the United States marshal. Having

Page 509

specially appeared, he successfully challenged the jurisdiction of the court; and the cause is here upon certificate to that effect.

Generally, a District Court cannot acquire jurisdiction over an individual without service of process upon him while in the district for which it is held. But here a national bank seeks to enjoin the Comptroller, and the claim is that by statutory direction the proceeding must be had in the district where the association is located, and not elsewhere. The court below took the contrary view. 260 Fed. 674.

Determination of the matter requires consideration of three sections of the Judicial Code.

'Sec. 24. The District Courts shall have original jurisdiction as follows: * * *

'Sixteenth. Of all cases commenced by the United States, or by direction of any officer thereof, against any national banking association, and cases for winding up the affairs of any such bank; and of all suits brought by any banking association established in the district for which the court is held, under the provisions of title 'National Banks,' Revised Statutes, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by said title. And all national banking associations established under the laws of the United States shall, for the purposes of all other actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the states in which they are respectively located.'

'Sec. 49. All proceedings by any...

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84 practice notes
  • Brewer v. Hoxie School District No. 46, No. 15510.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 25, 1956
    ...cause of action. Starin v. City of New York, 115 U.S. 248, 257, 6 S.Ct. 28, 29 L.Ed. 388; First National Bank of Canton, Pa. v. Williams, 252 U. S. 504, 512, 40 S.Ct. 372, 374, 64 L. Ed. 690. The right or immunity must be such that it will be supported if the Constitution or laws of the Uni......
  • Sandsberry v. Gulf, C. & SF Ry. Co., Civ. A. No. 1611.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • July 31, 1953
    ...38 L.Ed. 764; Chappell v. Waterworth, 155 U.S. 102, 15 S.Ct. 34, 39 L.Ed. 85; First National Bank of Canton, Pennsylvania v. Williams, 252 U.S. 504, 40 S.Ct. 372, 64 L.Ed. 690; National Mutual Insurance Co. v. Tidewater Transfer Co., 337 U.S. 582, 597, 69 S.Ct. 1173, 93 L.Ed. 1556; Skelly O......
  • Allen v. Clark, No. 8158Y.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • March 29, 1938
    ...of the plaintiff's cause of action. Starin v. New York, 115 U.S. 248, 257, 6 S.Ct. 28, 29 L. Ed. 388; First National Bank v. Williams, 252 U.S. 504, 512, 40 S.Ct. 372, 374, 64 L. Ed. 690. The right or immunity must be such that it will be supported if the Constitution or laws of the United ......
  • La Chemise Lacoste v. Alligator Co., Inc., No. 74-1493
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 26, 1974
    ...of the plaintiff's cause of action. Starin v. New York, 115 U.S. 248, 257 (6 S.Ct. 28, 29 L.Ed. 388); First National Bank v. Williams, 252 U.S. 504, 512, (40 S.Ct. 372, 374, 64 L.Ed. 690)'-- and qualified for removal under 28 U.S.C. Our analysis begins with an examination of paragraph 10 of......
  • Request a trial to view additional results
84 cases
  • Brewer v. Hoxie School District No. 46, No. 15510.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 25, 1956
    ...cause of action. Starin v. City of New York, 115 U.S. 248, 257, 6 S.Ct. 28, 29 L.Ed. 388; First National Bank of Canton, Pa. v. Williams, 252 U. S. 504, 512, 40 S.Ct. 372, 374, 64 L. Ed. 690. The right or immunity must be such that it will be supported if the Constitution or laws of the Uni......
  • Sandsberry v. Gulf, C. & SF Ry. Co., Civ. A. No. 1611.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • July 31, 1953
    ...38 L.Ed. 764; Chappell v. Waterworth, 155 U.S. 102, 15 S.Ct. 34, 39 L.Ed. 85; First National Bank of Canton, Pennsylvania v. Williams, 252 U.S. 504, 40 S.Ct. 372, 64 L.Ed. 690; National Mutual Insurance Co. v. Tidewater Transfer Co., 337 U.S. 582, 597, 69 S.Ct. 1173, 93 L.Ed. 1556; Skelly O......
  • Allen v. Clark, No. 8158Y.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • March 29, 1938
    ...of the plaintiff's cause of action. Starin v. New York, 115 U.S. 248, 257, 6 S.Ct. 28, 29 L. Ed. 388; First National Bank v. Williams, 252 U.S. 504, 512, 40 S.Ct. 372, 374, 64 L. Ed. 690. The right or immunity must be such that it will be supported if the Constitution or laws of the United ......
  • La Chemise Lacoste v. Alligator Co., Inc., No. 74-1493
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 26, 1974
    ...of the plaintiff's cause of action. Starin v. New York, 115 U.S. 248, 257 (6 S.Ct. 28, 29 L.Ed. 388); First National Bank v. Williams, 252 U.S. 504, 512, (40 S.Ct. 372, 374, 64 L.Ed. 690)'-- and qualified for removal under 28 U.S.C. Our analysis begins with an examination of paragraph 10 of......
  • Request a trial to view additional results

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