O'Connor v. O'Connor
U.S. Circuit Court for the District of Western Texas
On Motion to Discharge Service and Vacate Process. July 6, 1905, Thomas O’Connor, a citizen of the state of Louisiana, filed his bill in equity in the San Antonio Division of the Western District of Texas against Thomas M. O’Connor, in his own right and as executor of the estate of Thomas M. O’Connor, deceased, Joseph O’Connor, Martin O’Connor, Thomas O’Connor, Jennie O’Connor, Mary Hallihan, formerly Mary O’Connor, and her husband, J. F. Hallihan, citizens of Victoria…
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On Motion to Discharge Service and Vacate Process. July 6, 1905, Thomas O’Connor, a citizen of the state of Louisiana, filed his bill in equity in the San Antonio Division of the Western District of Texas against Thomas M. O’Connor, in his own right and as executor of the estate of Thomas M. O’Connor, deceased, Joseph O’Connor, Martin O’Connor, Thomas O’Connor, Jennie O’Connor, Mary Hallihan, formerly Mary O’Connor, and her husband, J. F. Hallihan, citizens of Victoria county, Tex., in the Southern district of Texas, alleging: That October 23, 1888, plaintiff had brought suit at law in the…
1Opinion of the CourtMaxey, District Judge
(after stating the facts). 1. Without intimating an opinion touching the sufficiency of the present bill, it may be stated that a bill in equity is the appropriate remedy in cases of this character. See opinion of the Circuit Court of Appeals in this case, not yet reported.
¾. The defendants in the present bill were either parties to the original suit at law, or are in privity with them, and the primary purpose of the present bill is to set aside the judgment of dismissal entered in the suit at law; Hence the bill is' not an -original -suit, but merely ancillary and supplementary to the suit…
2Cases cited13 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1Supreme Court of the United States · 1884
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
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3Cited by4 opinions
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Butler v. UngerleiderCourt of Appeals for the Second Circuit · 1951
- New England Furniture & Carpet Co. v. United StatesDistrict Court, D. Minnesota · 1933
- Butler v. UngerleiderCourt of Appeals for the Second Circuit · 1951