National Surety Co. v. State Bank
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a final decree which dismissed the bill of the complainants, National Surety Company of New York and National Surety Company of Missouri, two corporations that sought an injunction against the State Bank of Humboldt, its attorneys, and John F. Cornell, the Auditor of Public Accounts of the State of Nebraska, to restrain them from enforcing a judgment of $7,842.40 and costs…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a final decree which dismissed the bill of the complainants, National Surety Company of New York and National Surety Company of Missouri, two corporations that sought an injunction against the State Bank of Humboldt, its attorneys, and John F. Cornell, the Auditor of Public Accounts of the State of Nebraska, to restrain them from enforcing a judgment of $7,842.40 and costs which was rendered on May 17, 1900, in the district court of Richardson county, Neb., against the National Surety…
1Opinion of the CourtSanborn, Circuit Judge
The important question in this case is whether or not a federal court has jurisdiction in equity to restrain the parties to an unconscionable judgment of a state court from enforcing it, when the complainants in the bill had a perfect defense to the claim on which the judgment was founded, which they were prevented from presenting to the state court by accident or mistake, and when the statutes of the state have provided an original proceeding in the court in which the judgment is rendered to enable aggrieved parties to obtain relief against such judgments.
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2Cases cited49 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Davis v. GraySupreme Court of the United States · 1873
- Marshall v. HolmesSupreme Court of the United States · 1891
- Case of Broderick's WillSupreme Court of the United States · 1875
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3Cited by134 opinions
- Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984
- William H. Addington v. Farmer's Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1981
- Chase National Bank v. City of NorwalkSupreme Court of the United States · 1934
- Fed. Sec. L. Rep. P 93,589 Securities & Exchange Commission v. Esm Group, Inc., Peat, Marwick, Mitchell and Co., Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 1988
129 more not listed; retrieve them via the Exa API.