stoll gottlieb argued decided november rehearing denied see froehde chicago petitioner david shipmen chicago respondent justice reed delivered opinion certiorari allowed review judgment illinois denied effect plea res judicata arising orders district bankruptcy provisions declaring supremacy constitution extent judicial power authorizing necessary proper legislation make grants effective confer jurisdiction upon determine effect given decrees state courts contention ruling disregarded decrees raised federal question reviewable section judicial code admission facts uncontroverted allegations pleadings show ten fifteen north clark building corporation filed petition reorganization june section bankruptcy act district northern district illinois petition approved properly filed shortly thereafter notice proceedings given creditors one respondent william gottlieb proposed plan reorganization filed debtor provided substitution one share common stock olympic hotel building corporation principal amount outstanding first mortgage gold bonds debtor corporation discharge bonds cancellation guaranty endorsed guaranty one stoll petitioner crowe pay bond material provisions stated extinction personal guaranty consideration transfer assets said debtor building tion olympic hotel building corporation surrender said common stock debtor crowe stoll together stockholders debtor acceptances writing plan notice respondent hearing appear proposed plan reorganization provision extinction guaranty confirmed objections creditors class respondent confirmation provided creditors debtor bound also appears accordance plan guarantors caused assets debtor transferred new corporation surrendered capital stock debtor institution present action state gottlieb filed petition proceedings reorganization ten fifteen north clark building corporation praying order entered vacating modifying decrees orders entered proceedings confirming plan reorganization ground district proceedings reorganization power jurisdiction cancel guaranty order entered denying petition appeal taken bankruptcy orders subsequent confirmation plan reorganization petition vacate orders gottlieb began action municipal chicago guarantors crowe stoll recover upon guaranty three bonds ten fifteen north clark building corporation crowe served summons stoll defended ground order bankruptcy confirming plan reorganization release guaranty order denying gottlieb petition set aside decree providing release guaranty res judicata municipal granted relief sought bondholder appellate reversed judgment turn reversed illinois affirmed judgment municipal two justices dissented congress enacted one earlier statutes provisions giving effect judicial proceedings courts long present form statute broader authority granted article section constitution art prescribe manner proof effect judicial proceedings judgments decrees federal courts state declared dignity courts state courts like case similar circumstances judgment decree federal determines right federal statute decision reversed appellate modified set aside rendition plea based upon adjudication reorganization visions bankruptcy act effect res judicata given federal order concluded effective judgment rendition problem illinois one full faith credit res judicata particular case federal question involved power federal courts protect come relying upon constitutional rights rights given case statute enacted pursuant constitutional grants power inquiry directed conclusiveness order releasing guarantor obligation assuming bankruptcy jurisdiction subject matter order release reorganization guarantor guaranty debtor obligations power judicial fiat extend jurisdiction matters beyond scope authority granted creators must admitted however power interpret language jurisdictional instrument application issue adversary parties appear must power determine whether jurisdiction person whether geographical jurisdiction covers place occurrence consideration every rendering judgment tacitly expressly determines diction parties subject matter erroneous affirmative conclusion jurisdiction proper sense enlarge jurisdiction passed upon last resort even jurisdiction becomes enlarged necessity judicial determination jurisdiction subject matter erroneous judgment whether first instance final resort pleaded another another jurisdiction question whether former judgment res judicata federal decided question jurisdiction parties contested issue plea res judicata made power inquire jurisdictional see reason absence allegation fraud obtaining judgment examine question whether making earlier determination actual contest jurisdiction parties jurisdiction subject matter litigation case order upon petition vacate confirmation settled contest jurisdiction courts determine rights parties integral part system government important place end place begin litigation party day opportunity present evidence view law collateral attack upon decision jurisdiction rendered merely retries issue previously determined reason expect second decision satisfactory first former judgment state conclusive parties privies federal entered upon actually contested issue jurisdiction subject matter litigation determined forsyth hammond respondent caroline forsyth sought injunction federal forbid city hammond collecting taxes certain lands annexed city earlier state decree city contended earlier decree decisive respondent void enlargement city matter legislative judicial cognizance without determining issue whether annexation function solely legislature upheld contention city ground respondent taken appeal indiana earlier decree trial annexation proceedings appeal attacked validity decree ground lack jurisdiction litigated question one competent tribunal defeated litigate question another tribunal acting independently appellate jurisdiction question whether judgment conclusive question involved another action parties whether binding parties forum instances closely approaching line case may examined des moines navigation railroad company iowa homestead company called upon resolve controversy effect judgment federal courts matter beyond jurisdiction suit brought homestead company state recover certain taxes subject litigation parties iowa homestead company valley railroad wall earlier case decision adverse homestead company navigation company pleaded earlier decree bar later action met reply courts rendered earlier decree jurisdiction said suit legal power authority render said decree judgment reason assertion earlier suit instituted state homestead company iowa corporation various defendants navigation company also iowa corporation individual defendants caused removal federal defendants including navigation company appeared filed answers defended action homestead company likewise appeared actually contested issues dispute navigation company litigation eventually reached decided without reference lack jurisdiction later case assumed exercise jurisdiction circuit controversy two iowa corporations improper held however earlier decree adjudication matters controversy bar later action years later occasion examine question effect former adjudication circuit case assumed circuit jurisdiction parties subject matter earlier adjudication pleaded bar suit quiet title state sitting state circuit state courts denied effect circuit decree writ error oregon answered contention ground upon federal assumed jurisdiction insufficient law make case one arising laws words question circuit competent determine first instance determination exercise jurisdiction even erred entertaining jurisdiction determination matter conclusive upon parties questioned either collaterally otherwise writ error appeal decision des moines case precisely parallel circumstances present case determination based upon diversity citizenship parties dowell applegate supra may likewise seen deviate slightly since color jurisdiction federal reason certain allegations violation acts congress stamping deeds case likewise closely approaching circumstances present controversy vallely northern fire ins corporation alleged engaged insurance business adjudicated involuntary bankrupt teeth bankruptcy act moneyed corporation except insurance corporation may adjudged involuntary bankrupt default acquiescence aid trustee bankrupt time review adjudication expired bankrupt filed motion vacate adjudication null void upheld motion pointed determination jurisdictional fact whether alleged bankrupt farmer statute bankruptcy applicable power district include excepted corporation thought recognize binding effect judgment extend jurisdiction decision inapplicable actually contested issue order jurisdiction case also distinguishable motion vacate made bankruptcy proceeding order comment upon significance variable appraise cases dealing status transfer title real estate seems outside scope present inquiry rule applied may may applicable instances courts jurisdiction later controversy passing upon matters status real estate titles frequently said certain strictly jurisdictional facts existence essential validity proceedings absence renders act nullity examples citations listed noble union river logging railroad instance service process common law action within state publication notice strict form proceedings rem absent defendants appointment administrator living person martial civilian upon hand jurisdictional facts diversity citizenship majority litigants jurisdiction parties mere finding regardless actual existence sufficient first group said adjudication may collaterally attacked second may review cases base conclusion fact actual controversy question jurisdiction subject matter raised determined adversely respondent determination res adjudicata issue action whether power deal particular subject matter strictly judgment reversed justice mcreynolds concurs result footnotes crescent city live stock butcher union live stock embry palmer metcalf watertown atchison topeka sowers dupasseur rochereau wall crescent city live stock butcher union live stock des moines nav iowa homestead pittsburgh long island loan trust motlow missouri value received undersigned hereby guarantee payment within bond interest thereon maturity thereof either terms said bond agreement extending time payment thereof anticipation maturity election legal holder owner thereof accordance provision said bond trust deed given secure extension agreement hereby absolutely guarantee payment respective interest coupons given evidence interest said bond extension coupons respective dates maturity interest said coupons hereby absolutely guarantee full complete performance maker trust deed given secure said bonds coupons successors assigns terms provisions covenants agreements said trust deed extension agreement acts legislature state territory country subject jurisdiction shall authenticated seals state territory country affixed thereto records judicial proceedings courts state territory country shall proved admitted within attestation clerk seal annexed seal together certificate judge chief justice presiding magistrate said attestation due form said records judicial proceedings authenticated shall faith credit given every within law usage courts state taken dupasseur rochereau wall embry palmer cf metcalf watertown deposit bank frankfort express opinion whether bankruptcy jurisdiction subject matter cf diversey building nine north church street union trust willsea illustrations exercise power see texas pac gulf matter gregory baldwin traveling men jones chicago life ins cherry chicago life ins cherry baldwin traveling men davis davis decided november bankruptcy one general jurisdiction fairbanks steam shovel wills dowell applegate vallely northern fire ins denver first nat bank klug cf andrews andrews mass fall eastin carpenter strange