Page:Federal Reporter, 1st Series, Volume 6.djvu/227

 FIBST NAT. BANS 07 HANNIBAli, MO., V. SMITH. 215 �TiaST Nat. Bank of Hannibal, Missouei, v. Smtth and others.* �S AME V. BiGELo-w and others. �(Circuit Court, D. Massachusett». Beptember 6, 1879.) �1. Ctrcdit Court— Jubisdictioh. �A circuit court cannot entertain a suit where a party, whose legal presence in the proceeding la necesaary, cannot be subjected to ita jurisdiction. �a. Necessaet Pabtt— Coepobatioii. �A corporation is a necessary party to a suit for collecting moneys due for unpaid assessments of ita stock, or for capital once paid in, but af terwards improperly divided. �-8. Same — Natiokal Bank. �Quoere, -wliether a national bank can maintain a suit m a circuit court, other than the district in which such association is establislied. —[Ed. �In Equity. Demurrer. �B. Wadleigh and F. P. Fish, for complainants. ■defendants. �Nelson, D. J. These cases were argued together and pre- sent the same questions for decision. �The plaintifE is a banking association established in the ^tate of Missouri under the acts of congress providing for national banking associations. It is described in the amended bills as "a citizen of the state of Missouri, and located ana residing in the city of Hannibal, in said state of Missouri." The defendants are ail citizens of Massachusetts. The North Missouri Coal & Mining Company and the Pacific, Goal & Mining Company are corporations created by the laws of Missouri. One of the questions raised by the demurrers, and argued with great learning and ingenuity by counsel on both sides, was whether a. natioi^l banking association can main- tain a suit in the circuit courts of the United States, except i*.^e D(rr'Aituirv.IUinoi»e St. Igfuif Bridge Co.fiiiJ'ra, ��� �
 * Russell e Putnam, Wm. P. Wilson, and Sidiiey Bartlett, for