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Simon Vs. Southern Ry. Co.

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  • US Supreme Court
  • Jan 25, 1915

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61 entries 10 linked 51 unlinked
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  1. Williamson Vs. Berry US Supreme Court · Jan 01, 1850
  2. Scott Vs. Mcneal US Supreme Court · May 14, 1894
  3. Payne Vs. Hook US Supreme Court · Jan 01, 1868
  4. Gaines Vs. Fuentes US Supreme Court · Jan 01, 1875
  5. Barrow Vs. Hunton US Supreme Court · Jan 01, 1878
  6. Arrowsmith Vs. Gleason US Supreme Court · Jan 14, 1889
  7. Marshall Vs. Holmes US Supreme Court · Nov 09, 1891
  8. Hyde Vs. Stone US Supreme Court · Jan 01, 1857
  9. Cole Vs. Cunningham US Supreme Court · Jan 20, 1890
  10. Nougue Vs. Clapp US Supreme Court · Jan 01, 1879
    Relied / Followed
  11. Simon v. Southern
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  12. Ry. Co. - 236 U.S. 115 (1915) U.S. Supreme Court Simon v. Southern
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  13. Ry. Co., 236 U.S. 115 (1915) Simon v. Southern
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  14. Page 236 U. S. 116 fact and in law, a mere nullity and absolutely void for lack of service of process. Marshall v. Holmes
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  15. to a plaintiff who, if concerned in executing such judgments, is considered in law as a mere trespasser. Harris v. Hardeman
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  16. Western Indemnity Co. v. Rupp
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  17. s person, could have instituted a new and independent proceeding to enjoin Simon from enforcing it. See Sheriff v. Judge
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  18. of a void judgment obtained in the 17th District Page 236 U. S. 123 Court. See also Hibernia Bank v. Standard
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  19. for a like purpose in a federal court, which was then bound to act within its jurisdiction and afford redress ( Hyde v. Stone
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  20. Reagan v. Farmers'
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  21. The United States courts could not stay original or supplementary proceedings in a state court ( Mutual Reserve v. Phelps
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  22. equity of one state or country could enjoin its own citizens from prosecuting suits in another state or country. Cole v. Cunningham
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  23. injunctions. On principles of comity and to avoid such inevitable conflicts, the Act of 1793 was passed. Diggs v. Wolcott
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  24. Cranch 179, 8 U. S. 180 (1807), and Hull v. Burr
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  25. court seeking an injunction against the enforcement of a state judgment thus binding between the parties. See Marshall v. Holmes
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  26. U. S. 600 , where Nougue v. Clapp
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  27. state judgment, and where that equity was found to exist appropriate relief has been granted. For example, in Julian v. Central
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  28. courts enjoin him from using that which purports to be a judgment, but is, in fact an absolute nullity. Marshall v. Holmes
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  29. of the cause. That must be assumed at this stage, and finally unless we overrule the strong intimations in Marshall v. Holmes
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  30. The appellant insists, however, that Marshall v. Holmes
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  31. from using a judgment absolutely void for want of service. 4. The appellant, Simon, further contends that Marshall v. Holmes
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  32. a difference, and was not the basis of the decision. Indeed, (excluding ancillary bills, Madisonville Traction Co. v. Mining
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  33. cases removed to the United States courts, as well as to those originally instituted therein. Such was true in Diggs v. Wolcott
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  34. court, secure therein the injunction sought, and thus evade Page 236 U. S. 128 the statute. Bondurant v. Watson
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  35. Lawrence v. Morgan's
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  36. Railroad, 121 U. S. 636 . The ground of the decision in the Marshall case, in Gaines v. Fuentes
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  37. Sharon v. Terry
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  38. F. 337, cited in Julian v. Central
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  39. Dobbins v. Los
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  40. served. In support of that construction is quoted at length a statement of the Supreme Court of Louisiana in Gouner v. Missouri
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  41. On the other hand, the circuit court of appeals (195 F. 56), while referring to this case, held, citing Amy v. Watertown
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  42. to appoint such agent, service, in proper cases, may be made upon an officer designated by law. Mutual Reserve Ass'n v. Phelps
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  43. Mutual Life Ins. Co. v. Spratley
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  44. possible inconveniences serve to emphasize the importance of the principle laid down in Old Wayne Life Association v. McDonough
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  45. U.S. Supreme Court Simon v. Southern
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  46. Harris v. Hardeman
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  47. See Sheriff v. Judge
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  48. Hibernia Bank v. Standard
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  49. Mutual Reserve v. Phelps
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  50. Diggs v. Wolcott
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