Legal Opinion

Cooper v. President of Dismal Swamp Canal Co.

Supreme Court of North Carolina

Decided July 5, 1812PublishedCited by 1 opinion

¡>From Chowan, in the year 1790, the States of North-Carolina and Virginia (by acts of their respective legislations,) incorporated a Company by the name of the Dismal Swamp Canal Company, and declared the shares of the Company to be real estate, and ihc proprietors thereof, tenants in common. The Canal lies partly in Virginia and partly in North-OaVolimi.

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¡>From Chowan, in the year 1790, the States of North-Carolina and Virginia (by acts of their respective legislations,) incorporated a Company by the name of the Dismal Swamp Canal Company, and declared the shares of the Company to be real estate, and ihc proprietors thereof, tenants in common. The Canal lies partly in Virginia and partly in North-OaVolimi. The office of the President and Directors, for the purpose of registration and of performing their other corporate acts, is held in the town of Norfolk, in the State of Virginia. Wells Cooper, purchased certain shares in this Canal, at a…

1Opinion of the Court

Ham, Judge,

delivered the opinion of the Court:— The last question submitted to this Court should be first considered j have the Courts of North-Caroiina jurisdiction of the present suit ? It is to be observed that the Canal lies partly in Virginia, and partly in this State, and that'the acts of A'-seiubly, incorporating, the Companies, give no preference to the Courts of either State. And it is to be further observed, that the office of President & Directors of the Company, has not by these acts been located. It therefore follows, that the Courts of each State have equal jurisdiction; but the…

2Cited by1 opinion

  1. Colston v. BurnetDistrict Court, District of Columbia · 1932

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