Missouri River Telegraph Co. v. First National Bank

Citations

• 74 Ill. 217

Syllabus

<p>1. Conflict of laws—power to enforce penal laws not of this State. The courts of this State cannot enforce the criminal or penal laws of another State, or of the United States.</p> <p>. 2. The courts of this State will not entertain jurisdiction in a suit by a corporation created and doing business in another State, against a National bank organized under the laws of the United States, for the recovery of a penalty under an act of congress for receiving interest over and above the rate allowed by the laws of the State where the bank is located and transacts its business.</p> <p>3. Jurisdiction—of State courts. The courts of this State derive all their powers from the constitution and laws of this State, and do not, nor can they derive any power from the laws of the United States or other source.</p> <p>4. Same—power of congress to confer. Under the constitution of the United States congress can not confer jurisdiction upon a State court, or any other court which it has not ordained and established,</p> <p>• 5. Same — State courts derive solely from State authority. The courts of this State have jurisdiction, under the power conferred by our constitution, over all persons and things within its borders, and when persons or corporations, without reference to where or when the latter are created, come into this State, they are within the jurisdiction of our courts, which is then exercised by virtue of such power, and not by virtue of any congressional action or federal grant of power.</p> <p>6. Our courts will exercise jurisdiction in suits by or against corporations, whether created by act of congress or by the laws of another State, and whether doing business in this or some other State, in all cases except where they will refuse to entertain jurisdiction in a suit between natural persons.</p>