FREE BOOKS

Author's List




PREV.   NEXT  
|<   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   837   838   839   840   841   842   843   844   845   846  
847   848   849   850   851   852   853   854   855   856   857   858   859   860   861   862   863   864   865   866   867   868   869   870   871   >>   >|  
es for its own residents.[173] But a State may not give a preference to resident creditors in the administration of the property of an insolvent foreign corporation.[174] An act of the Confederate Government, enforced by a State, to sequester a debt owed by one of its residents to a citizen of another State was held to be a flagrant violation of this clause.[175] ACCESS TO COURTS The right to sue and defend in the courts is one of the highest and most essential privileges of citizenship, and must be allowed by each State to the citizens of all other States to the same extent that it is allowed to its own citizens.[176] The constitutional requirement is satisfied if the nonresident is given access to the courts of the State upon terms which, in themselves, are reasonable and adequate for the enforcing of any rights he may have, even though they may not be technically the same as those accorded to resident citizens.[177] The Supreme Court upheld a State statute of limitations which prevented a nonresident from suing in the State's courts after expiration of the time for suit in the place where the cause of action arose,[178] and another such statute which suspended its operation as to resident plaintiff, but not as to nonresidents, during the period of the defendant's absence from the State.[179] A State law making it discretionary with the courts to entertain an action by a nonresident of the State against a foreign corporation doing business in the State, was sustained since it was applicable alike to citizens and noncitizens residing out of the State.[180] A statute permitting a suit in the courts of the State for wrongful death occurring outside the State, only if the decedent was a resident of the State, was sustained, because it operated equally upon representatives of the deceased whether citizens or noncitizens.[181] TAXATION A State may not, in the exercise of its taxing power, substantially discriminate between residents and nonresidents. A leading case is Ward _v._ Maryland,[182] in which the Court set aside a State law which imposed special taxes upon nonresidents for the privilege of selling within the State goods which were produced outside it. Likewise, a Tennessee statute which made the amount of the annual license tax exacted for the privilege of doing railway construction work dependent upon whether the person taxed had his chief office within or without the State, was found to be incompatib
PREV.   NEXT  
|<   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   837   838   839   840   841   842   843   844   845   846  
847   848   849   850   851   852   853   854   855   856   857   858   859   860   861   862   863   864   865   866   867   868   869   870   871   >>   >|  



Top keywords:

courts

 

citizens

 
resident
 

statute

 

nonresident

 

residents

 

nonresidents

 
sustained
 

allowed

 

noncitizens


privilege

 

corporation

 

action

 

foreign

 
decedent
 

operated

 

absence

 

period

 

deceased

 

defendant


representatives

 

equally

 
permitting
 
entertain
 
applicable
 

business

 
discretionary
 

wrongful

 
making
 
residing

occurring
 

exacted

 
railway
 
construction
 

license

 

annual

 
Likewise
 
Tennessee
 

amount

 
dependent

office

 

incompatib

 

person

 

produced

 

discriminate

 

leading

 
substantially
 

TAXATION

 
exercise
 

taxing