Railroad Co. v. Hecht
Cases that cite this one
46 later published cases cite this decision. The 25 that cite it most often are listed here.
- Time Oil Co., a Corporation v. Commissioner of Internal Revenue (9th Cir. 1961)
- Brown v. Hecht Co. (D.C. Cir. 1943)
- Orthopedic Specialists, as Assignee of Kelli Serridge v. Allstate Insurance Company (Fla. Dist. Ct. App. 2015)
- Vietnam Finewood Co. Ltd. v. United States (United States Court of International Trade 2023)
- David Jahn v. Comm IRS (3d Cir. 2010)
- Sea-Land Service, Inc. v. United States (United States Court of International Trade 1990)
- Barnhart v. United States (United States Court of International Trade 1983)
- Irving v. Hargett (District Court, N.D. Mississippi 1981)
- United States v. Eight Bales S I.J.K. 1/8 Strapped Sealed (District Court, S.D. New York 1964)
- United States v. One 1960 Ford (District Court, E.D. Tennessee 1962)
- Gibbons & Reed Co. v. Standard Accident Insurance (District Court, D. Utah 1960)
- Menominee Tribe of Indians v. United States (Court of Claims 1950)
- Anderson v. Yungkau (6th Cir. 1946)
- Home Building & Loan Assn. v. Blaisdell (Supreme Court of the United States 1934)
- Falls v. Key (Tex. App. 1925)
- United States v. Two Hundred & Sixty-Seven Twenty-Dollar Gold Pieces (District Court, W.D. Washington 1919)
- Johnston v. Mutual Reserve Fund Life Insurance (City of New York Municipal Court 1904)
- Galusha v. Wendt (Iowa 1901)
- State of Texas v. United States (5th Cir. 2021)
- Clinton Nurseries, Inc. (United States Bankruptcy Court, D. Connecticut 2019)
- Eagle Cement Corp. v. United States (United States Court of International Trade 1993)
- Ad Hoc Committee of AZ-NM-TX-FL Producers of Gray Portland Cement v. United States (United States Court of International Trade 1992)
- Sea-Land Service, Inc. v. United States (United States Court of International Trade 1990)
- Daley v. Warden of State Prison (Connecticut Superior Court 1957)
- Jerome v. Burns (Minn. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
The single question presented by this record is whether a statute which prescribes a mode of service of judicial process upon the Cairo and Fulton Railroad Company, different from that provided for in its. charter, is void because it impairs the obligation of a contract. The regulation of the forms of administering justice by the courts is an incident of sovereignty. The surrender of this power is never to be presumed. Unless, therefore, it clearly appears to have been the intention of the legislature to limit its power of bringing this corporation before its judicial tribunals to the particular mode mentioned in the charter, the subsequent legislation upon that subject was not invalid. The provision of the charter relied upon is in these words: “ Process on said company shall be served on the president by leaving a copy to his address, at the principal office of the corporation, in the hands of any of its officers. The said corporation shall have power to establish a principal office at such place as they may see fit, and the same to change at pleasure.” As against the government, the word “ shall,” when used in statutes, is to. be construed as “ may,” unless a contrary intention is manifest. Here- no such intention appears. The largest latitude is given the company in respect, to the location of its principal office; and it can hardly be supposed that the legislature meant to deprive itself of the power of providing another mode of service, if that specified was found to be inconvenient or unwise. The provision is one which evidently belongs to remedies against the corporation, atid not to the grant of rights. As to remedies, it has always been held that the legislative power of change may be exercised when it does not affect injuriously rights which have been secured. Sturgess v. Crowninshield, 4 Wheat. 122. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.