State ex rel. Watkins v. North American Land & Timber Co.

Citations

• 106 La. 621

Syllabus

<p>Syllabus</p> <p>1. A foreign corporation, not engaged in commerce, or in the service of the United States, can, lawfully, do business in Louisiana only upon the conditions imposed by the law of the State.</p> <p>3. Where such corporation has so far complied with the law as to establish an office in this State and designate an agent upon whom process may be served, service upon such agent vests the court issuing the same with jurisdiction to hear and determine the cause, irrespective of the citizenship of the plaintiff or the subject matter of the controversy.</p> <p>3. But, complete jurisdiction includes, not only the power to hear and determine, but the power to enforce the determination, and as courts are averse to the exercise of authority which they are unable to vindicate by process, they will, usually, decline to exercise a jurisdiction, intended to be complete, which falls short in the latter respect.</p> <p>4. Hence, the courts of a State will not, ordinarily, entertain suits involving the exercise of visitorial power over foreign corporations, nor will they, ordinarily, undertake to regulate the internal management of such corporations ; but, this rule is subject to the same exceptions as the necessity upon which it is founded, and where, in a particular case, a court acquires complete jurisdiction, and is able, not only to hear and determine, but to enforce the determination in such a manner as to do complete justice, the jurisdiction will be exercised, although the result may be the regulation o£ the internal affairs of a foreign corporation.</p> <p>5. Where a foreign corporation doing business here, fails to keep within this State the books required by the Constitution, and there is no officer of such corporation, having the custody or control of such books, within reach of the process of the State courts, mandamus will not issue commanding that inspection thereof ‘be allowed, but where there are other books, within the State, and in the custody of an