Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/421

 PART V.] CITIZENSHIP OF A CORPORATION. [§ 413. tion. But though such corporation be endowed in the second state with all the privileges of a domestic corporation, it shall not be deemed to be composed of citizens of such second state so as to confer jurisdiction in the Federal courts at the suit of a citizen of the state of its original creation. 1 § 413. In order to give jurisdiction to the Federal court, it should appear by the pleadings that the corporation Averments was incorporated by a state other than that of which impleading, the other party is a citizen. 2 An averment that a drawbridge company were citizens of Indiana is sufficient to give jurisdic- tion to a Federal Circuit Court, the company having been in- corporated by a public statute, of which the court is bound judicially to take notice. 3 Likewise, that the defendant " is a foreign corporation formed under and created by the laws of the state of New York," is a sufficient averment of citizenship. 4 But in a suit brought against a corporation by a state, an aver- ment that the defendant is " a body politic in the law of and doing business in" another state is insufficient to give jurisdic- tion to the Federal Supreme Court. 5 An averment that the defendant is a " corporation created by an act of the legislature of New York, located in Aberdeen, Mississippi, and doing busi- ness under the laws of the state," is no averment that the de- fendant is a citizen of Mississippi!' 1 St. Louis, etc., Ry. v. James, 161 U. S. 545. 2 Mansfield C. & L. M. Ry. Co. v. Swan, 111 U. S. 379; Muller v. Dows, 94 U. S. 444. See Marshall r. Balti- more, etc., R. R. Co., 16 How. 314. Compare N. Y. & Erie R. R. Co. v. Shepard, 5 McLean, 455. A corpora- tion created by a territorial legisla- ture is, after the territory becomes a state, a citizen of that state within the clause defining the jurisdiction of the Federal courts. Kansas Pa- cific R. R. Co. v. Atchison, T. and S. F. R. R. Co., 112 U. S. 414. Corporations created by Congress can remove cases to the Federal courts on the ground that the suits against them are suits "arising un- der the laws of the United States." 26 Pacific R. R. Removal Cases, 115 U. S. 2. 3 Covington Drawbridge Co. v. Shepherd, 20 How. 229. But see Lafayette Ins. Co. v. French, 18 How. 404. 4 Express Co. v. Kountze Brothers, 8 "Wall. 342. 5 Pennsylvania v. Quicksilver Co., 10 Wall. 553. 6 Insurance Co. v. Francis, 11 Wall. 210. N. Y. and Erie R. R. Co. v. Shepard, 5 McLean, 455, seems at variance with this case. See §412. Under the act of March 3, 1875, to entitle a party to remove a suit, his citizenship relied on must have existed when the suit was begun and also when the petition for removal 401