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State in which the court sits which has appointed the re

ceiver.1

§ 7352. Auxiliary Receivers Appointed as a Matter of Comity. In the same spirit of comity and independently of statute, a court possessing in one State the power to appoint a receiver may extend its aid to a receiver of a corporation appointed in another State, for the purpose of enabling him to get possession of property which should, in equity, be applied in payment of the debts of the corporation; and to this end may appoint a receiver of any property within the State of such foreign corporation, and may confer upon him the same powers which it would confer upon a receiver of a domestic corporation, so far as they may be necessary to the recovery and collection of the assets of the foreign corporation; and will give the receiver so appointed the same remedies, and the same aid in the collection of the assets of the foreign corporation, which it would give to the receivers of the domestic corporation.*

87353. Receiver cannot Transfer Jurisdiction to Foreign Court. A receiver cannot transfer the jurisdiction of making distribution of the assets in his hands to a foreign tribunal, by appearing and answering in a suit instituted in the foreign country. He cannot thus deprive the court which has appointed him of its authority over him and over the fund which he holds as its officer. Within the meaning of this rule, a neighboring State is a foreign country, as much as the republic of Mexico, or the empire of China.'

Straughan v. Hallwood, 30 W. Va. 274; 8. c. 8 Am. St. Rep. 29. That equity will not compel an insolvent defendant, in an action of detinue instituted in West Virginia, to return to that State property pledged in good faith to a resident in another State,

nor appoint a receiver to bring back such property,- see the same case.

• National Trust Company v. Miller, 33 N. J. Eq. 155.

Reynolds v. Stockton, 43 N. J. Eq. 211; s. c. 3 Am. St. Rep. 305.

5853

TITLE EIGHTEEN.

ACTIONS BY AND AGAINST CORPORATIONS.

TITLE EIGHTEEN.

ACTIONS BY AND AGAINST CORPORATIONS.

ART. I.

CHAPTER CLXXVII.

POWER TO SUE AND BE SUED.

IN GENERAL. 88 7360-7375.

II. ACTIONS BY CORPORATIONS. 88 7380-7388.

III. WHAT ACTIONS LIE AGAINST CORPORATIONS. 88 7391

SECTION

7415.

ARTICLE I. IN GENERAL.

7360. Common-law power of corporations to sue and be sued. 7361. Power to sue coextensive with the power to make contracts. 7362. Exception as to liability for breach of corporate duties. 7363. This power conferred by statute and constitutional provisions.

7364. By what statutes. 7365. By what statutes not conferred. 7366. Corporations deemed persons" for remedial purposes. 7367. Suable in what manner.

66

SECTION

7368. Power how affected by want of organization.

7369. De facto corporations. 7370. Power how affected by dissolution.

7371. What if the State is a member. 7372. Sovereign States may sue as corporations.

7373. Corporation cannot sue as a common informer. 7374. Power to sue exercised by directors.

7375. Corporation may maintain an action against its own members.

§ 7360. Common-law Power of Corporations to Sue and be Sued. The creation by the legislature of a body corporate, for any purpose, impliedly confers upon it the power to sue and be sued, so far as may be necessary to maintain its corporate rights and to enforce its corporate duties. In general,

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