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Marine Insurance Company, Ilcarne v.

Maryland, Baltimore and Ohio Railroad Company v.

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159

Merchants' Mutual Insurance Company v. Baring,

Metropolitan Washing Machine Company v. Tool Company, 342

Montello, The

Morse, Insurance Company v.

Murdock v. City of Memphis,

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New England Marine Insurance Company, Hearne v.
New Orleans, Cannon v.

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New York Steamship Company, New Orleans v.
North Missouri Railroad v. Maguire, .

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Providence Tool Company, Washing Machine Company v. 342

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Steam Navigation Company, Oregon v. Winsor,

Steamship Company, New Orleans v.

Stockdale v. The Insurance Companies,

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The Steamship Company, New Orleans v. .

"Twenty per cent. Cases,

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Union Packet Company v. Clough,

Tioga Railroad v. Blossburg and Corning Railroad,
Titus v. United States,

Tool Company, Washing Machine Company v.
Topeka, Loan Association v.

Treat v. Jemison,

Troy and Boston Railroad Company, Knapp v.
Twenty per cent. Cases, The

Union Packet Company v. Clough,

United States v. Conrad's Lots, .

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Washing Machine Company v. Tool Company,

Washington, National Bank of, v. Texas

Wheeler, The S. B.

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342

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Wilson v. Bell (The Lottawanna),

Winsor, Oregon Steam Navigation Company v..

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DECISIONS

IN THE

SUPREME COURT OF THE UNITED STATES,

OCTOBER TERMS, 1873 AND 1874.

HABICH V. FOLGER.

A corporation of New York was declared to be "dissolved" by one of its courts, acting in professed conformity to a statute of the State; and receivers of its assets were appointed. A creditor of the corporation residing in another State sued it there, in "trustee process" (foreign attachment), by which he attached debts due by certain persons (known in the language of the process as "trustees") to the corporation. The corporation, the receivers, and the trustees all appeared by attorney; the trustees answered, and after the corporation and the receivers had contested the claim of the plaintiff so long as they could, the receivers withdrew their opposition, and a formal judgment was entered, which recited that the trustees were charged on their answer.

To a scire facias against the trustees to have execution on this judgment, the trustees pleaded that the corporation had been dissolved by a court of New York, to whose proceedings full faith and credit was due under the Constitution. The court below decided that the court of New York had acted in excess of its jurisdiction, and therefore that faith and credit were not due to its proceedings. This decision being the only error assigned, the judgment below was affirmed; this court holding that whether the judgment below was right or wrong was not a matter which concerned the trustees; since the fact of their debt and their obligation to pay it were admitted, and since in the original suit, where the corporation, the receivers, and the trustees were parties, judgment, after full hearing, and with the consent of the receivers, had been entered against the corporation, and the "trustees charged."

ERROR to the Supreme Judicial Court of Massachusetts; the case being thus:

VOL. XX.

(1)

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