The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
There is a certain spirit of comity to which courts often give
expression in rendering assistance to courts of other countries.
This judicial comity has been defined as "the deference commonly
paid by the courts of one jurisdiction to the laws or proceedings
of another, in causes affecting rights claimed under such laws or
proceedings."[Footnote: "Dict. of Philosophy and Psychology,"
_Comity_.] As between courts of the different States in the
United States this sentiment naturally is particularly strong.
In pursuance of it, it is usual, if there has been a judicial
appointment in one State of a representative of the law to
administer an estate of any kind, part of which is in another
State, for the courts of the latter to give him such further
powers or appointment as may be necessary to put in his
possession or control whatever is within their jurisdiction. An
administrator of the estate of a deceased person would thus be
appointed, almost as a matter of course, administrator of such
estate in whatever State property or rights of action belonging
to it might be found. A receiver appointed by a court of equity
to take possession of property would ordinarily, in like manner,
be appointed to the same office wherever any part of such
property might be situated; and in some States such an officer
has been permitted to sue for it under his original appointment.
The general doctrine, however, is that a receiver in chancery
(that is, a receiver appointed by a court of equity) is simply an
arm of the court which appoints him, and has no authority to act
outside of the territorial jurisdiction of that court.[Footnote:
Hale _v._ Allinson, 188 U. S. Reports, 56.]
A receiver of an insolvent corporation often finds that it has
shareholders living in several different States, who have not
fully paid in their subscriptions to its capital stock. In such
case, if the statute of the State under the laws of which it was
incorporated provided for the appointment of a receiver for
insolvent corporations of that character, he may be regarded in
other States as one to whom each shareholder, in legal effect,
promised to pay such part of his subscription as had not been
previously paid to the corporation itself. On this theory of
liability, a foreign receiver has a right of action by virtue of
his official position, indeed, but not because of authority from
a foreign court to use that position for such a purpose. He sues
as one to whom the shareholder promised to make a payment, and on
a direct contract between the two, which is implied by
law.[Footnote: Fish _v._ Smith, 73 Conn. Reports, 377; 47
Atlantic Reporter, 711; 84 American State Reports, 161.]
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