Patch v. Wabash Railroad

Citations

• 207 U.S. 277
• 28 S. Ct. 80
• 52 L. Ed. 204
• 1907 U.S. LEXIS 1223

Syllabus

<p>The certificate of a judge of the Circuit Court that the judgment is based solely on jurisdictional grounds is an act of record and qucere whether it' stands on any different ground from judgments and the like when the term has passed, and whether it can then be amended so as to show that it was signed inadvertently and by mistake and to certify that the question of , jurisdiction was not passed on and that the decision was based on another- . ground, Such a mistake is not clerical.</p> <p>• The provision in a state statute that no non-resident shall be appointed or . act as administrator or executor does not open the appointment of a nonresident to collateral attack in an action brought by him so as to deprive him of his right to file a plea that the.case cannot be removed to the.Federal court.</p> <p>A corporation incorporated simultaneously and freely in several States exists in each State by virtue of the laws of that State and when it incurs a liability under the laws of one of the States in which it is incorporated and is sued therein it cannot escape the jurisdiction thereof and remove to the Federal court on the ground that as it is also incorporated in the other States it is not a citizen of that State. Southern Railway v. Allison, 190 IT. S. 326 and other cases, holding that where the c.orporation originally incorporated in one State was compelled to become a cor-’ poration of another State so as to exercise its powers therein, distinguished.</p>