Great Southern Fire Proof Hotel Company v. Jones
Citations
- 177 U.S. 449
- 20 S. Ct. 690
- 44 L. Ed. 842
- 1900 U.S. LEXIS 1814
Syllabus
<p>On writ of error or appeal, tlie first and fundamental question is that of jurisdiction, first of this court, and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.</p> <p>A limited partnership, doing business under a firm name, and organized under the act of the General Assembly of Pennsylvania approved June 2, 1874, entitled “ An act authorizing the formation of partnership associations in which the capital subscribed shall alone be responsible for the debts of the .association, except under certain circumstances,” is not a corporation within the rule that a suit by or against a corporation in a court of the United States is conclusively presumed, for the purposes of the litigation, to be one by or against citizens of the State creating the corporation. It is not sufficient that the association may be described as a quasi corporation or as a “new artificial person.” The rule does not embrace a new artificial person that is not a corporation.</p> <p>Under the circumstances disclosed by the record'the Circuit Court should allow an amendment of the pleadings upon the subject of the citizenship of the parties, and the case should proceed to a final hearing on the merits in the event the pleadings as amended show a case within the jurisdiction of the court.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a limited partnership association cannot be deemed a citizen under the jurisdictional rules for corporations
- holding that a limited partnership association that was given the ability to sue and be sued in its own name under state law was not a citizen of that state for diversity purposes
- holding that a limited partnership association, even though it was called a quasi-corporation and declared to be a citizen of the state under the applicable state law, is not a citizen of that state within the meaning of the jurisdictional statute
- explaining that “on every writ of error or appeal, the first and fundamental question is that of jurisdiction”
- holding that “the first and fundamental question is that of jurisdiction” and that “the court is bound to ask and answer [this question] for itself, even when not otherwise suggested, and without respect to” the parties’ perspectives
- holding that “the first and fundamental question is that of jurisdiction” and that “the court is bound to ask and answer [this question] for itself, even when not otherwise suggested, and without respect to” the parties’ perspectives
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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