New Orleans & Memphis Packet Co. v. James

U.S. Circuit Court for the District of Eastern Louisiana

New Orleans & Memphis Packet Co. v. James

32 F. 21, 1887 U.S. App. LEXIS 2710

CourtU.S. Circuit Court for the District of Eastern Louisiana

DecidedJune 1, 1887

StatusPublished

Cited by2 cases

This text of 32 F. 21 (New Orleans & Memphis Packet Co. v. James) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Orleans & Memphis Packet Co. v. James, 32 F. 21, 1887 U.S. App. LEXIS 2710 (circtedla 1887).

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Opinion

Billings, J.

To the plaintiffs’ claim defendant interposes the exception that the plaintiffs, chartered or existing under the laws of the state [22]*22of Kentucky, Rave failed to comply with the provisions of article 236 of the constitution of the state of Louisiana, which provides that no foreign corporation shall do any business in this state without having one or more known places of business, and an authorized agent or agents in the state upon whom process may be served. Held, that the provision of the constitution of Louisiana referred -to, being an attempt on the part of the state to interpose a restriction on navigation, and therefore in conflict with the provisions of the act of congress approved February 18, 1793, passed in pursuance of a clear authority under the constitution of the United States, is null and void. Sinnot v. Davenport, 22 How. 227.

Exception overruled, and judgment rendered in favor of plaintiffs in each cause.

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Billings, J.

To the plaintiffs’ claim defendant interposes the exception that the plaintiffs, chartered or existing under the laws of the state [22]*22of Kentucky, Rave failed to comply with the provisions of article 236 of the constitution of the state of Louisiana, which provides that no foreign corporation shall do any business in this state without having one or more known places of business, and an authorized agent or agents in the state upon whom process may be served. Held, that the provision of the constitution of Louisiana referred -to, being an attempt on the part of the state to interpose a restriction on navigation, and therefore in conflict with the provisions of the act of congress approved February 18, 1793, passed in pursuance of a clear authority under the constitution of the United States, is null and void. Sinnot v. Davenport, 22 How. 227.

Exception overruled, and judgment rendered in favor of plaintiffs in each cause.

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Bluebook (online)

32 F. 21, 1887 U.S. App. LEXIS 2710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-memphis-packet-co-v-james-circtedla-1887.

Opinion

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