Memphis Street Railway Company v. Moore, No. 623
| Court | United States Supreme Court |
| Writing for the Court | Clarke |
| Citation | 243 U.S. 299,37 S.Ct. 273,61 L.Ed. 733 |
| Parties | MEMPHIS STREET RAILWAY COMPANY, Petitioner, v. S. C. MOORE, Administrator of the Estate of Ivy B. Douglas, Deceased |
| Docket Number | No. 623 |
| Decision Date | 06 March 1917 |
v.
S. C. MOORE, Administrator of the Estate of Ivy B. Douglas, Deceased.
Page 300
Messrs. Roane Waring and Luke E. Wright for petitioner.
Messrs. Ike W. Crabtree and Milton J. Anderson for respondent.
Mr. Justice Clarke delivered the opinion of the court:
The respondent, S. C. Moore, a citizen of Arkansas, in his representative capacity as administrator of the estate of Ivy B. Douglas, deceased, under appointment by the probate court of Shelby county, Tennessee, sued the petitioner, the Memphis Street Railway Company, a corporation organized under the laws of Tennessee, in the United States district court for the western district of Tennessee, for wrongfully causing the death of his decedent. He recovered judgment, which was affirmed by the circuit court of appeals, and the case is here on certiorari for review of the holding of that court that the plaintiff had legal capacity to maintain the suit in a Federal court.
On the face of the declaration there was the requisite diversity of citizenship to give the Federal court jurisdiction, but the petitioner claims that the respondent, Moore, although a citizen of Arkansas, must be treated as a citizen of Tennessee under the statute of that state, entitled, 'An Act to Declare That, for the Purpose of Suing and Being Sued, a Nonresident of Tennessee, Who Qualifies as Executor or Administrator in Tennessee, Shall Be Considered a Citizen of Tennessee, and to Provide for the Service of
Page 301
Process upon Him' (Acts 1903, chap. 501, p. 1344), which provides:
'That whenever a nonresident of the state of Tennessee qualifies in this state as the executor or administrator of a person dying in or leaving assets or property in this state, for the purpose of suing and being sued, he shall be treated as a citizen of this state.'
The remainder of the act prescribes the method of service of summons upon such a nonresident executor or administrator.
Upon a full review of the legislation of the state in Southern R. Co. v. Maxwell, 113 Tenn. 464, 82 S. W. 1137, the supreme court of Tennessee decided that the sole purpose of this act is to extend to such nonresident executors and administrators as are described in it the privilege of suing in the state courts in forma pauperis, and that the effect of it, when read with the other statutes of the state on...
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Krier-Hawthorne v. Beam, KRIER-HAWTHORN
...the state court being unquestionably a proper one."); cf. Memphis Street Railway Co. v. Bobo, 232 F. 708, 710 (6th Cir.1916), aff'd, 243 U.S. 299, 37 S.Ct. 273, 61 L.Ed. 733 (1917) (a nonresident administrator who qualified in Tennessee was not a Tennessee citizen for diversity purposes, ev......
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N. & G. Taylor Co. v. Anderson, No. 3556.
...state should be final and binding upon this court. Elmendorf v. Taylor, 10 Wheat. 152, 158, 6 L. Ed. 289; Memphis Street Ry. v. Moore, 243 U. S. 299, 37 S. Ct. 273, 61 L. Ed. 733; Old Colony Trust Co. v. Omaha, 230 U. S. 100, 116, 33 S. Ct. 967, 57 L. Ed. 1410; Chicago v. Obermayer Co. (C. ......
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U.S. v. Jimenez-Beltre, No. 05-1268.
...or may not be persuasive to a judge when weighed against the numerous other considerations listed in [section 3553(a)]." 243 U.S. at 300, 37 S.Ct. 273 (Stevens, J., dissenting in part). Justice Scalia wrote to the same effect, stating that "logic compels the conclusion that the sentencing j......
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Miller v. Perry, Civ. A. No. 770.
...v. Fitzsimmons Drilling Co., 1931, 284 U.S. 183, 186, 52 S.Ct. 84, 76 L.Ed. 233 77 A.L.R. 904; Memphis Street Ry. Co. v. Moore, 1917, 243 U.S. 299, 37 S.Ct. 273, 61 L.Ed. 733; Smith v. Sperling, supra, p. 93 and footnote 1 of 354 U.S., 77 S.Ct. 1112, 1 L.Ed.2d 1205; Moore's Federal Practice......
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Krier-Hawthorne v. Beam, KRIER-HAWTHORN
...the state court being unquestionably a proper one."); cf. Memphis Street Railway Co. v. Bobo, 232 F. 708, 710 (6th Cir.1916), aff'd, 243 U.S. 299, 37 S.Ct. 273, 61 L.Ed. 733 (1917) (a nonresident administrator who qualified in Tennessee was not a Tennessee citizen for diversity purposes, ev......
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N. & G. Taylor Co. v. Anderson, 3556.
...state should be final and binding upon this court. Elmendorf v. Taylor, 10 Wheat. 152, 158, 6 L. Ed. 289; Memphis Street Ry. v. Moore, 243 U. S. 299, 37 S. Ct. 273, 61 L. Ed. 733; Old Colony Trust Co. v. Omaha, 230 U. S. 100, 116, 33 S. Ct. 967, 57 L. Ed. 1410; Chicago v. Obermayer Co. (C. ......
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Greenough v. Tax Assessors of City of Newport, 461
...238. 24 Bullard v. City of Cisco, 290 U.S. 179, 190, 54 S.Ct. 177, 181, 78 L.Ed. 254, 93 A.L.R. 141. See Memphis Street R. Co. v. Moore, 243 U.S. 299, 37 S.Ct. 273, 61 L.Ed. 733. 25 The power of a state to tax the equitable interest of a beneficiary in such circumstances was not presented. ......
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U.S. v. Jimenez-Beltre, 05-1268.
...or may not be persuasive to a judge when weighed against the numerous other considerations listed in [section 3553(a)]." 243 U.S. at 300, 37 S.Ct. 273 (Stevens, J., dissenting in part). Justice Scalia wrote to the same effect, stating that "logic compels the conclusion that the sentencing j......