Brophy v. Kelly
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Suit by Reuben C. Brophy against John C. Kelly and others. From a decree dismissing the bill of complaint, plaintiff appeals. This is an appeal from a decree of the District Court for the Southern District of Texas in equity, dismissing appellant’s (plaintiff’s) bill of complaint after a hearing upon the merits.
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Appeal from the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Suit by Reuben C. Brophy against John C. Kelly and others. From a decree dismissing the bill of complaint, plaintiff appeals. This is an appeal from a decree of the District Court for the Southern District of Texas in equity, dismissing appellant’s (plaintiff’s) bill of complaint after a hearing upon the merits. The .decree also dismissed the cross-bill of the appellee John C. Kelly, who was one of the defendants and a cross-complainant in the court below; but no cross-appeal has…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). 1. The bill assails, the judgment because, as it alleges, the district court of Dallas county did not acquire jurisdiction of the defendant Brophy or of his land; he being a nonresident of Texas and personally served in the state of his residence, Illinois, and'the land involved not being situated wholly or partly in Dallas county, in which county the suit was brpught. As to defendant Brophy, it is contended that the judgment was void, whether the action be one in personam or one in rem. It is also alleged that the defendant Brophy was deprived of due…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Roller v. HollySupreme Court of the United States · 1900
- Graffam v. BurgessSupreme Court of the United States · 1886
- Tyler v. Judges of the Court of RegistrationSupreme Court of the United States · 1900
- De La Vega v. LeagueTexas Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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- Foote v. Kansas City Life Ins.Court of Appeals for the Fifth Circuit · 1937