Horace Gray

“ It could not, either as a corporation of both states, or as a corporation of Kentucky only, have brought this suit against corporations and citizens of Kentucky, in the circuit court of the United States for the district of Kentucky, without ousting the jurisdiction of the court. Railroad Co. v. Wheeler, 1 Black, 286; Railway Co. v. James, 161 U.S. 545, 16 Sup. Ct. 621. And, citizens of Illinois also being defendants in the bill, it is equally impossible to take jurisdiction of the plaintiff as a corporation of Illinois. ”

“ The distinction between the doing by a corporation of an act beyond the scope of the powers granted to it by law, on the one side, and an irregularity in the exercise of the granted powers, on the other, is well established, and has been constantly recognized by this court. ”

“ James, the company was organized and incorporated under the laws of the state of Missouri in 1873, and owned a railroad extending from Monett, in that state, to the boundary line between it and the state of Arkansas. The constitution of the state of Arkansas provided that foreign corporations might be authorized to do business in this state under such limitations and restrictions as might be prescribed by law, but should not have power to appropriate or condemn private property. ”

“ Turquand has been followed, and Lord Wensleydale's dicta to the contrary, a year later, in Ernest v. Nicholls (1857) 6 H. L. Cas. 401, 418, 419, have been disapproved or qualified, in a long line of decisions in England. Agar v. Society (1858) 3 C. B. (N. S.) 725, 753, 755; Society v. ”