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American Surety Co. Vs. Baldwin

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  • US Supreme Court
  • Nov 14, 1932

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78 entries 3 linked 75 unlinked
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  1. Mills Vs. Duryee US Supreme Court · Jan 01, 1813
  2. Bianchi Vs. Morales US Supreme Court · May 07, 1923
  3. Saunders Vs. Shaw US Supreme Court · Jun 04, 1917
  4. U.S. 156 (1932) U.S. Supreme Court American Surety Co. v. Baldwin
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  5. U.S. 156 (1932) American Surety Co. v. Baldwin
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  6. S. 161 The Supreme Court affirmed the judgment as to Anderson, and reversed it as to the Singer Company. Baldwin v. Singer
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  7. had thereby been given to the entry of judgment without notice, and the judgment would be unassailable. Compare Pease v. Rathbun-Jones
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  8. opportunity earlier to present the objection as one arising under the Fourteenth Amendment. Compare Corkran Oil Co. v. Arnaudet
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  9. Godchaux Co. v. Estopinal
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  10. Live Oak Water Users' Assn. v. Railroad
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  11. Comm'n, 269 U. S. 354 , 269 U. S. 357 . This is not a case where, as in Saunders v. Shaw
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  12. disposition of the case at the close of the proceedings in the state supreme court. Compare Ohio ex rel. Bryant v. Akron
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  13. U. S. 74 , 281 U. S. 79 . Nor is the federal claim based, as in Brinkerhoff-Faris Trust & Savings Co. v. Hill
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  14. a new construction which threatened rights under the Constitution. Compare Missouri ex rel. Missouri Insurance Co. v. Gehner
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  15. unless authorized by it, violated the due process clause of the Fourteenth Amendment. Compare National Exchange Bank v. Wiley
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  16. And it was at liberty to invoke the federal remedy without first pursuing that provided by state procedure. Simon v. Southern
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  17. Santa Page 287 U. S. 165 Fe Ry. Co. v. Wells
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  18. Firestone Tire & Rubber Co. v. Marlboro
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  19. pursued it to final judgment, the surety company cannot escape the effect of the adjudication there. Compare Mitchell v. First
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  20. Lion Bonding Co. v. Karatz
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  21. for that purpose than were the special appearance and motion to quash and dismiss held sufficient in Baldwin v. Iowa
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  22. judgment. The scope of the issues presented involved an adjudication of that issue. Compare Napa Valley Elec. Co. v. Railroad
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  23. Grubb v. Public
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  24. Mutual L. Insurance Co. v. Harris
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  25. U. S. 331 , 97 U. S. 336 . Compare Bradford Electric Light Co. v. Clapper
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  26. The principles of res judicata apply to questions of jurisdiction, as well as to other issues. Baldwin v. Iowa
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  27. to litigation in the original action, or was determined in an independent proceeding in the state courts. See Marshall v. Holmes
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  28. Fidelity & Deposit Co. of Maryland v. Gaston
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  29. is, under Idaho law, res judicata, and precludes a suit to enjoin enforcement of the judgment. Bernhard v. Idaho
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  30. it seeks to enjoin the enforcement of the judgment for want of jurisdiction. Compare Fidelity Natl. Bank & Trust Co. v. Swope
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  31. that there be an opportunity to present every available defense, but it need not be before the entry of judgment. York v. Texas
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  32. U. S. 15 . Compare Grant Timber & Mfg. Co. v. Gray
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  33. U. S. 170 . See also Phillips v. Commissioner
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  34. Coffin Brothers & Co. v. Bennett
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  35. surety company, by giving the bond, must be taken to have consented to the state procedure. Compare United Surety Co. v. American
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  36. Corn Exchange Bank v. Commissioner
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  37. to rectify the error does not furnish the basis for a claim that due process of law has been denied. Compare O'Neil v. Northern
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  38. federal courts, whether the attempt to do so springs from a failure seasonably to adduce relevant facts, as in Grubb v. Public
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  39. Together with No. 21, Baldwin et al. v. American
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  40. Vivian F. Baldwin and E. R. Baldwin, Plaintiffs V. Singer
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  41. Statute was so construed by the Circuit Court of Appeals for the Ninth Circuit in United States Fidel. & Guar. Co. v. Fort
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  42. Misery Highway Dist., 22 F.2d 369, 373, and in Empire State-Idaho Mining & Developing Co. v. Hanley
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  43. Meredith v. Santa
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  44. Hitchcock v. Caruthers
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  45. Hawley v. Gray
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  46. Cal. 560, 561. The California provision was the prototype for the Idaho statute in question. See Naylor & Norlin v. Lewiston
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  47. S.E. Elec. Ry. Co., 14 Idaho 722, 725. Compare Hartford Accident & Indemnity Co. v. Bunn
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  48. Capital National Bank v. Board
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  49. Fidelity Union Casualty Co. v. Hanson
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  50. Louisville & Nashville R. Co. v. Parker
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