Page:Federal Reporter, 1st Series, Volume 7.djvu/158

 146 ..! . FBDEBAL BEPOSTES. �until that court shali give an authoritative construction to the fltatute, which will be adopted by us as the rule of decision here. If complainant does not adopt this suggestion the mo- tion to dismiss will be sustained. ���Orange Nat. Bank ». Teaver and Wife. �{Circuit Couri, D. Oregon. May 16, 1881.) �1. FoEKiGN Corporation. �The OregOn act, (Or. Laws, 617,) prohibiting a foreign corpora- tion from " tranaacting business in this state" until it appoints a resi- dent agent therein, was not intended to prevent such corporation from maintaining a suit in the state courts, and it is not in the power of the state to prevent it from maintaining a stiit in this' court. �% Same. �A corporation, formed under " the national banking act," is either a citizen of the United States only, or a citizen of the state where it is organized and located. If the former, it is not a foreign corporation in this state ; if the latter, it is a foreign corporation, but for that very reason may sue in the national courts herein, irre- spective of the state legislation. �3. Sepabatk Pboperty of Married Wombn. �A debt contracted by a married woman is, in equity, a charge upon her separate estate ; but, if contracted as surety for the beneflt of an- other, the authorities are in conflict whether it creates such a charge, unless her intent to have it produce such eflect is expressed in the contract ; but, in either case, a note given by the wife for the debt of lier husband, with a stipulation that the note is taken by thjB payee " on the credit" of her separate estate, is sufflcient evidence of her intention to charge her estate with the payment of such debt. �In Equity. Suit to enforce a charge upon a wife's sep- arate estate. Demurrer to answer. �David Qoodsell, for plaintiff. �George H. Durham, for defendant. �Deady, D. J. On December 21, 1877, the defendants, Greorge W. Traver and Emma S., his wife, made their two joint and several promissory notes at Portland for the sum of $600 each, payable, with interest at the rate of 3^ per «eutiua per annum, to Johnson, Clarlc & Ce, or order, at the ��� �