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Cooper Vs. Newell
Cites for this judgment
- US Supreme Court
- Apr 08, 1899
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U.S. 555 (1899) U.S. Supreme Court Cooper v. NewellSearch
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U.S. 555 (1899) Cooper v. NewellSearch
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Newell was never served with citation, process, or otherwise notified of the existence of said suit of Peter McGrael v. StuartSearch
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in controversy. Attached to plaintiffs' said petition was a certified copy of the record in the case of Peter McGrael v. StuartSearch
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of Peter McGrael v. saidSearch
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the above facts was all objected to by the defendants upon the ground that said judgment in the case of Peter McGrael v. StuartSearch
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of Peter McGrael v. StuartSearch
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The judgment of the District Court of Brazoria County, rendered on May 21, 1850, in the case of Peter McGrael v. StuartSearch
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defendants' demurrer to plaintiffs' petition attacking the validity of said judgment in the case of Peter McGrael v. StuartSearch
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Court of Brazoria County, Texas (said court being a court of general jurisdiction) in the case of Peter McGrael v. StuartSearch
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that want of jurisdiction cannot be established aliunde the record in a collateral proceeding. In Thompson v. WhitmanSearch
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the court of a state comes under consideration in a court of the United States sitting in the same state. Christmas v. RussellSearch
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Goldey v. MorningSearch
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News, 156 U. S. 518 . In Pennoyer v. NeffSearch
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And in Goldey v. MorningSearch
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or resident, and had not been served or appeared by himself or attorney. Accordingly it was held in Needham v. ThayerSearch
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against a nonresident who was not during the pendency of the proceedings within the jurisdiction of the state. Vilas v. PlattsburghSearch
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We do not understand any different view to obtain in Texas. In Fowler v. MorrillSearch
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the acceptance of services of process by an attorney is only prima facie evidence of his authority. In Parker v. SpencerSearch
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In Bender v. DamonSearch
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had no authority to represent him. Nor can this judgment be held conclusive on the theory that the suit of McGrael v. NewellSearch
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Hamilton v. PageSearch
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suit, and that suit could only be regarded as a personal action, and coming within the rule laid down in Pennoyer v. NeffSearch
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U. S. 714 . Moreover, the record in McGrael v. NewellSearch
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or that the jurisdiction of the court in fact so attached as to authorize the court to render the judgment. Galpin v. PageSearch
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U.S. Supreme Court Cooper v. NewellSearch
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of Peter McGrael v. StuartSearch
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of Peter McGrael v. saidSearch
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In Thompson v. WhitmanSearch
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In Pennoyer v. NeffSearch
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Needham v. ThayerSearch
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Vilas v. PlattsburghSearch
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Texas. In Fowler v. MorrillSearch
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In Parker v. SpencerSearch
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of McGrael v. NewellSearch
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McGrael v. NewellSearch
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Christmas v. RussellSearch
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