Tennessee Coal, Iron & R. Co. v. George,
Annotate this Case
233 U.S. 354 (1914)
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U.S. Supreme Court
Tennessee Coal, Iron & R. Co. v. George, 233 U.S. 354 (1914)
Tennessee Coal, Iron & Railroad Company v. George
Argued March 17, 1914
Decided April 13, 1914
233 U.S. 354
While the courts of a state are bound to give full faith and credit to all substantial provisions of a statute of another state creating a transitory cause of action which inhere in the cause of action or which name conditions on which the right to sue depends, venue is no part of a right, and whether jurisdiction exists is to be determined by
the law of the state creating the court in which the case is tried. A state cannot create a transitory cause of action and at the same time destroy the right to sue thereon in any court having jurisdiction although in another state.
The jurisdiction of a court over a transitory cause of action cannot be defeated by the extraterritorial operation of a statute of another state even though the latter created the cause of action.
The statute of Alabama making the master liable to the employee for defective machinery created a transitory cause of action which can be sued on in another state having jurisdiction of the parties, notwithstanding the statute provides that all actions must be brought thereunder in the courts of Alabama, and not elsewhere.
A state court does not deny full faith and credit to a statute of another state by taking jurisdiction of a transitory cause of action created thereby, although such statute provides that the action can only be brought in the courts of the enacting state. Atchison &c. Ry. v. Sowers, 213 U. S. 55.
11 Ga.App. 221 affirmed.
The facts, which involve the validity of a judgment of the courts of the State of Georgia and the determination of whether those courts gave full faith and credit to a statute of the State of Alabama affecting the cause of action, are stated in the opinion.