his rights determined there, amounted to a waiver of the contempt. It is true that the mere pendency of a suit in one state cannot be pleaded in bar or abatement of a second action in another state, even between the same parties, and for the same cause of action: Allen v. Watt, 69 Ill. 655. The reason for this rule is that the defendant would not be obliged to pay the money twice, since payment, at least, if not a recovery in the one suit, might be pleaded puis darrein continuance to the other suit; and if the two suits should ever proceed pari passu to judgment and execution, a satisfaction of either judgment might be shown in discharge of the other: Bowne v. Jay, 9 Johns. 221; Walsh v. Durkin, 12 Johns. 99; Embres v. Hanna, 5 Johns. 101. But it is manifest that neither the rule, nor the reason for it, has any application here. That may be a good answer to a motion to commit for contempt which may not be a good defense upon the merits. In the Sercomb case the receiver had not intervened in the foreign suit when the application to commit for contempt was made; and therefore whatever was there said, inconsistent with the proposition that such an intervention as is shown under the circumstances of the present case can 649 be regarded as a waiver, must be modified to accord with the views here expressed. Where a court of equity is asked to proceed as for a contempt against a creditor, who seeks to reach by attachment or garnishment debts due to an insolvent debtor from persons residing out of the state, it is proper to inquire which of the parties has a paramount right or superior equity to those debts: Dehon v. Foster, 4 Allen, 545. For the reasons here stated the judgment of the appellate court is affirmed, and the decree or order of the superior court of Cook county is reversed, and the cause is remanded to the latter court for further proceedings in accordance with the views here expressed. FOREIGN RECEIVERS-RIGHTS OF RESIDENT CREDITORS.-A receiver appointed in a foreign jurisdiction to take possession of the property of a corporation and manage its business, and who, in pursuance of his authority, has taken possession, within the jurisdiction of the court by which he was appointed, cannot hold such property against the claim of a citizen of California, who, upon finding the property in that state, in accordance with its laws has attached it: Humphreys v. Hopkins, 81 Cal. 551; 15 Am. St. Rep. 76, and extended note. The rights of nonresident attaching creditors are paramount in the courts of the state where the attachment is sued out to those of a receiver who was appointed by the court of another state, and whose appointment antedates the writ: Catlin v. Wilcox etc. Plate Co., 123 Ind. 477; 18 Am. St. Rep. 338, and note. FOREIGN RECEIVERS.-RIGHT TO MAINTAIN SUIT IN ANOTHER STATE: Extended notes to Straughan v. Hallwood, 8 Am. St. Rep. 49, and Alley v. Caspari, 6 Am. St. Rep. 185. FOREIGN RECEIVERS JURISDICTION TO APPOINT.-Where the parties to an action reside in one state the court of that state has power to appoint a receiver to take possession of the property of the defendant in another state, but it cannot cause such property to be removed so as to bring it within the jurisdiction of the state in which the court sits which has ap pointed the receiver: Straughan v. Hallwood, 30 W. Va. 274; 8 Am. St. Rep. 29, and note. A foreign receiver's power is only coextensive with that of the court appointing him, and while that court may authorize him to take possession of property in a foreign jurisdiction, the appointment can confer no legal power which he can exert over such property without the aid of the court in whose jurisdiction it is found: Catlin v. Wilcox etc. Plate Co., 123 Ind. 477; 18 Am. St. Rep. 338, and note. RECEIVERS CONTEMPT.—A citizen within the jurisdiction of the court appointing a receiver cannot attach funds in his possession in another state without its sanction, and by so doing, and refusing to dismiss his suit, he is guilty of, and may be punished for, contempt: Sercomb v. Catlin, 128 Ill. 556; 15 Am. St. Rep. 147. It is contempt of court for a third person to attempt to deprive a receiver of possession, whether by suit or by force: Walling v. Meller, 108 N. Y. 173; 2 Am. St. Rep. 400, and extended note. CORPORATIONS-DOMICILE-SITUS OF DEBTS.-A domestic corporation, at all times, has its exclusive residence and domicile in the jurisdiction of its origin, and it cannot be garnished in another jurisdiction for debts owing to it by home creditors so as to make the attachment effectual against its creditor in the absence of jurisdiction acquired over his person: Douglass v. Phenix Ins. Co., 138 N. Y. 209; 34 Am. St. Rep. 448, and note. The courts of one state have jurisdiction to garnish a debt due to a nonresident of that state from a foreign corporation having an agent in the state where the suit is brought, and upon whom process may be served at the suit of one of its residents: German Bank v. American etc. Ins. Co., 83 Iowa, 491; 32 Am. St. Rep. 316, and note. See, also, Railroad v. Barnhill, 91 Tenn. 395; 30 Am. St. Rep. 889, and note. INDEX TO THE NOTES. ADVERSE POSSESSION, abandonment of, 902. by married women, 483. what constitutes, 901, 902. ALIMONY, granting of where the marriage is denied, 796. BANKING, checks, negotiability of, 429. checks, presentment for payment for purpose of charging the drawer, BANKS, cashiers, declarations and admissions of, 791. forged checks, liability of for paying, 92. BUILDING AND LOAN ASSOCIATIONS, premiums paid to, whether render con. CARRIERS, baggage, money as, 215. compensation of must be reasonable, 777. contract limiting liability of, assent of shipper to, from what inferable, contract limiting liability of, burden of proving assent to must be contract limiting liability of must be reasonable, 778. contract limiting liability of, shipper cannot be compelled to assent to, contract limiting liability of, shipper must be given choice between contract limiting liability of, whether arises from a general notice, 778. exacting contracts limiting their liability, 777, 779. liability, have no power to limit without the assent of the shipper, 779. liability of for negligence when goods are ready for transportation, 208. limiting liability of by contract, 776. shipper may refuse to limit common-law liability of, 777. telegraph corporations, power of to make rules and regulations, 776. telegraph corporations, whether are common carriers, 776. COLLATERAL SECURITIES, rights of bona fide holders of, 79. COMMON SOURCE OF TITLE, evidence need not go back of, 367. COMPOUND INTEREST, agreements to pay, whether against public policy, 191. agreements to pay, whether usurious, 191. COMPROMISE, of doubtful clains, conclusiveness of, 696. AM. ST. REP., VOL. XLVI.-59 (929) CONDITIONAL SALES, of personal property, 295-298. CONFLICT OF LAWS, comity of nations, on what depends, 448. contract made in one state to be performed in another, 450. contract made in one state to be performed in another, general rules contract, usurious where made is usurious everywhere, 201. corporations formed in one state and doing business in another, 164. lex fori, when controls, 452. lex rei sita, when controls, 450. obligation valid where made is valid everywhere, 201. performance, place of, validity of contract when to be judged by, 450. procedure, modes of are subject to the law of the forum, 453. statute of limitations in force when an action is commenced controls, CONSPIRACY, definition of, 657. to control wages or workmen, 657. CONSTITUTIONAL LAW, argument of counsel, power of courts to limit in crim. class legislation is forbidden by law, 335. liberty which the legislature may not impair, 335. presumption in favor of constitutionality of statute, 734. special laws applicable to some persons or corporations only, 334, 335. procured from intoxicated person by taking advantage of his condi usurious where made are usurious everywhere, 201. CONVEYANCES, delivery, presumption as to time of, 367. description by name of tract and by metes and bounds, conflict be tween, 367. form of, what sufficient, 901. surrender or destruction of, estoppel arising from, 482. CORPORATIONS, by-laws, limitations upon power to enact, 348. complaint against must aver corporate existence, 786. doing business in a foreign state, 164. domicile of, 927. foreign, powers of, 288. notice must be taken of limitations upon powers of, 348. CRIMINAL LAW, alibi, proof of what sufficient, 32. alibi, reasonable doubt created by evidence of, 32. right of accused to be heard by counsel, 23. DAMAGES, measure of, in actions by wife for alienating her husband's affec- DEFINITION of color of title, 719. of conditional sales, 295. of conspiracy, 657. of original package, 461. |