Muller v. Dows
94 U.S. 444

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U.S. Supreme Court

Muller v. Dows, 94 U.S. 444 (1876)

Muller v. Dows

94 U.S. 444

Syllabus

1. A suit by or against a corporation in a court of the United States is regarded as brought by or against its stockholders, all of whom are, for the purposes of jurisdiction, conclusively presumed to be citizens of the state which created it.

2. It should appear by the declaration or bill of complaint that the corporation was created by the state whereof the adverse party is not a citizen, but a defective averment of that fact may be cured by the subsequent pleadings.

3. A corporation created by the laws of Iowa, although consolidated with another of the same name in Missouri under the authority of a statute of each state, is nevertheless in Iowa a corporation existing there under the laws of that state alone.

4. A decree foreclosing a mortgage executed by the Chicago & Southwestern Railroad Company of its entire railroad and franchises and ordering a sale of them, passed by the Circuit Court of the United States for the District of Iowa, which, in a suit there pending, had jurisdiction of the mortgagor and the trustees in the mortgage, is not invalid because a part of the property ordered to be sold is situate in the State of Missouri.

5. The Court holds that there was no waiver by the Chicago, Rock Island & Pacific Railroad Company of its right to foreclose the mortgage.

6. A surety who holds several securities by way of indemnity may resort to either of them for payment.

The facts are stated in the opinion of the Court.

Page 94 U. S. 445

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