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Simmons Vs. Paul
Cites for this judgment
- US Supreme Court
- Mar 02, 1891
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U.S. 439 (1891) U.S. Supreme Court Simmons v. PaulSearch
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U.S. 439 (1891) Simmons v. PaulSearch
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by the court making the appointment, and its judgment thereon cannot be impeached collaterally. Comstock v. CrawfordSearch
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Wall. 396, and McNitt v. TurnerSearch
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the subject matter or the parties affected by it, nor into the facts necessary to give such jurisdiction. Thompson v. WhitmanSearch
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This point has been considered in two cases before this Court, and in each was held to be without merit. Comstock v. CrawfordSearch
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In the case of McNitt v. TurnerSearch
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this branch of the case is fully borne out by many decisions of this Court, two of which are cited above. In McNitt v. TurnerSearch
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court having power to make the decree, it can be impeached only by fraud in the party who obtains it. United States v. ArredondoSearch
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Hen.Dig. 1494, par. 5, citing a long list of authorities. One of the leading cases is Lalanne's Heirs v. MoreauSearch
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It was so decided by this court in the cases already alluded to, and the principle is recognized in that of Pintard v. DeyrisSearch
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Page 138 U. S. 456 In Valderes v. BirdSearch
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In Beale v. WaldenSearch
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bound to look beyond the decree of the court of probates recognizing the necessity of the sale. See also McCullough v. MinorSearch
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Wright v. CummingsSearch
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Sizemore v. WedgeSearch
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Wisdom v. BucknerSearch
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Graham's Heirs v. GibsonSearch
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Ball's Adm'r v. BallSearch
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Rhodes v. BankSearch
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Rob. 63, 65-66. A case of great importance in this connection is Duson v. DupreSearch
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and in this view we are sustained by a number of decisions of this Court, to some of which we now refer. Christmas v. RussellSearch
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ground that fraud could not be pleaded to an action in one state upon a judgment obtained in another. In Maxwell v. StewartSearch
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was presented to this Court, in a similar case, upon the same plea, and this principle was reaffirmed. In Hanley v. DonoghueSearch
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citing Buckner v. FinleySearch
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according to the averments of the bill in each, the probate court had adequate power to afford relief. See also Ellis v. DavisSearch
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U.S. Supreme Court Simmons v. PaulSearch
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and McNitt v. TurnerSearch
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of McNitt v. TurnerSearch
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In McNitt v. TurnerSearch
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Lalanne's Heirs v. MoreauSearch
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of Pintard v. DeyrisSearch
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In Valderes v. BirdSearch
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In Michel's Heirs v. Michel'sSearch
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McCullough v. MinorSearch
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Duson v. DupreSearch
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In Maxwell v. StewartSearch
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In Hanley v. DonoghueSearch
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Buckner v. FinleySearch
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Ellis v. DavisSearch
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