Thum v. Pyke

Citations

• 8 Idaho 11
• 66 P. 157
• 1901 Ida. LEXIS 45

Syllabus

<p>Foreign Corporation — Rights of Courts of This State. — Where O. S. B., a corporation of Utah, has submitted itself to the jurisdiction of a court of this state in certain insolvency proceedings, and thereafter, by proceedings in the courts of another state, claims to have secured title to shares of stock which are evidence of assets in the custody of this state, said O. S. B. corporation will not be assisted by the courts of this state in obtaining such assets, to the detriment of citizens of this and other states who have filed and proved their claims in the court of tl.is state having possession of such assets,</p> <p>Jurisdiction — Service of Summons. — When judgment was obtained in a court of a sister state, and it is sought to give effect to such judgment in the courts of this state, and it is shown that the service of summons was made upon a former secretary of the corporation defendant, and it appears that such person was not such secretary at the date of the service of summons, and that plaintiff knew that he was not such secretary or an officer of the defendant corporation, held, that jurisdiction of the defendant corporation was not obtained by such service, and that the judgment rendered the ein is absolutely void so far as its enforcement by the courts of this state is concerned.</p> <p>Judgments and Decrees of Sister States. — The jurisdiction of every court is open to inquiry when its judgments and decrees are produced in the court of a sister state, and it is there sought to give them effect.</p> <p>Dull Daith and Credit to Proceedings of Courts of Other States. Dull faith and credit shall be given in each state to the judicial proceedings of every other state. But that rule does not require the court of a state that first obtained possession of the assets of an insolvent to give up such assets to a creditor of such insolvent who acquired title to shares of stock, representing such assets subsequent to the time of the appointment of a receiver for