Simon v. Southern Railway Co.
Supreme Court of the United States
APPEAL FROM THE CIKCUIT COURT OP APPEALS POE THE PIPTH CIRCUIT. ■ This appeal raises a question of the power of a United States court to enjoin the appellant, Ephraim Simon, from enforcing a judgment alleged to have been fraudulently-obtained by him in a state court, in a suit against the Southern Railway.
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APPEAL FROM THE CIKCUIT COURT OP APPEALS POE THE PIPTH CIRCUIT. ■ This appeal raises a question of the power of a United States court to enjoin the appellant, Ephraim Simon, from enforcing a judgment alleged to have been fraudulently-obtained by him in a state court, in a suit against the Southern Railway. The Company had no notice that the suit had been brought, — other than that arising from the service which purported to have been made in pursuance of the Louisiana Act No. 54, which provides (§ 1) that it shall be the duty of every foreign corporation doing any business in this State to…
1Opinion of the CourtJustice Lamar
The primary question whether the United States court had jurisdiction of the case must of course be determined by considering the allegations of the Bill. It shows diversity of citizenship and charges that Simon was seeking to enforce by levy a j udgment obtained by fraud and without notice to the Railway Company. If that be so the United States courts, by virtue of their general equity powers, had jurisdiction to enjoin the plaintiff from enforcing a judgment thus doubly void. For even where there has been process and service, if the court “finds that the parties have been guilty of fraud in…
2Cases cited26 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Cole v. CunninghamSupreme Court of the United States · 1890
- Marshall v. HolmesSupreme Court of the United States · 1891
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Scott v. McNealSupreme Court of the United States · 1894
21 more not listed; retrieve them via the Exa API.
3Cited by288 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Wuchter v. PizzuttiSupreme Court of the United States · 1928
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