Pearce v. Winter Iron-Works
Supreme Court of Alabama
[bill in equity to unjoin judomext at law.] Appeal from the Chancery Court at Montgomery. Heard before the lion. Wade Keyes. ' This bill was filed by Edmund A. Pearce, the appellant, who was a citizen of Macon couuty in this State, to enjoin a judgment which Charles Ford had recovered against him, in the district court of the United States held at Montgomery, as the debtor of the “Winter IronWorks,” a corporation chartered by the legislature of this State.
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[bill in equity to unjoin judomext at law.] Appeal from the Chancery Court at Montgomery. Heard before the lion. Wade Keyes. ' This bill was filed by Edmund A. Pearce, the appellant, who was a citizen of Macon couuty in this State, to enjoin a judgment which Charles Ford had recovered against him, in the district court of the United States held at Montgomery, as the debtor of the “Winter IronWorks,” a corporation chartered by the legislature of this State. It alleged, in substance, that the complainant bad purchased from said corporation, through. 3. S. Winter, its authorized agent, certain…
1Opinion of the CourtWalker, J.
That the parties are both citizens of the State in which the suit is brought, is good matter of plea to the jurisdiction of the district court of the United States; and if the fact that the plaintiff is a resident of another State be not shown in the record, the court will, at any time pending the cause, dismiss the suit. But it is now a doctrine, too well settled to be controverted, that after the judgment has been rendered, it can *72not be collaterally assailed, upon the ground that the parties were both residents of the State where the suit 'was brought. It has even been decided, that the…
2Cases cited14 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- McCormick v. SullivantSupreme Court of the United States · 1825
- Skillern's Executors v. May's ExecutorsSupreme Court of the United States · 1810
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- French v. GarnerSupreme Court of Alabama · 1838
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
- Kibby v. BinionSupreme Court of Oklahoma · 1918
- Stewart v. BurginSupreme Court of Alabama · 1929
- Watson v. Mobile O. R. Co.Supreme Court of Alabama · 1937
- Adams v. Alabama Lime Stone CorporationSupreme Court of Alabama · 1930
9 more not listed; retrieve them via the Exa API.