Tootle v. McClellan
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District of the Indian Territory; before Justice Gill, October 31, 1903. Action by Thomas E. Tootle against Charles M. McClellan. Plaintiff appeals from a judgment for defendant, This is an action founded on a judgment obtained by Tootle against McClellan in the Circuit Court of Anderson county, Mo.
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Appeal from the United States Court for the Northern District of the Indian Territory; before Justice Gill, October 31, 1903. Action by Thomas E. Tootle against Charles M. McClellan. Plaintiff appeals from a judgment for defendant, This is an action founded on a judgment obtained by Tootle against McClellan in the Circuit Court of Anderson county, Mo. It appears that prior to the institution of the suit in Missouri, wherein the judgment on which this suit is founded was obtained, Tootle a resident of Missouri, had brought suit against McClellan, a resident of the Indian Territory, in the…
1Opinion of the CourtClayton, J.
(after stating the facts). The only question to be considered in this case is: Can the judgment of the courts of a sister state be impeached in the courts of another state for want of jurisdiction, where personal service has been had upon the defendant in the jurisdiction of such court, on the ground that the service was void because the party served was within such jurisdiction for the purpose of being present at the taking of depositions in a case where he was a party, *67or because be was fraudulently induced to enter the jurisdiction for the purpose of obtaining service on him, when that…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Jones v. . JonesNew York Court of Appeals · 1888
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Baldwin v. EmersonSupreme Court of Rhode Island · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Goodrum v. BuffaloCourt Of Appeals Of Indian Territory · 1907
- W. S. F. Tatum v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1929