Grames v. Hawley
U.S. Circuit Court for the District of Kansas
xlotion at law upon transcript of a judgment in favor of plaintiff and against defendant for SB,835.29 and costs, rendered September 22,1878, by the supreme court of New York in and for the county of Steuben. The defense is that the judgment is void because the court by which it was rendered had no jurisdiction of the defendant. The facts upon which this defense is based are as follows; Plaintiff is a citizen of New York, and defendant a citizen of Kansas.
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xlotion at law upon transcript of a judgment in favor of plaintiff and against defendant for SB,835.29 and costs, rendered September 22,1878, by the supreme court of New York in and for the county of Steuben. The defense is that the judgment is void because the court by which it was rendered had no jurisdiction of the defendant. The facts upon which this defense is based are as follows; Plaintiff is a citizen of New York, and defendant a citizen of Kansas. In 1873, while defendant was temporarily in New York, the plaintiff sued him to recover damages for an alleged fraud in the sale of…
1Opinion of the Court
’McCrary. Circuit Judge.
1. The order of discontinuance made by the court in pursuance ol' the agreement of compromise and settlement was in the nature of a final order disposing of the case. Whatever power *320the court may have had over the case and. the parties after that order was made and during the same term, I am of the opinion that after the term it had no power to set the same aside on motion. The power of the court over the action and over the parties to it had been exhausted by the final adjournment of the term at which the final order of dismissal was entered, and it could not resume…
2Cases cited5 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Craig v. LeslieSupreme Court of the United States · 1818
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Becker v. SauterIllinois Supreme Court · 1878
- Medford v. DorseyU.S. Circuit Court for the District of Pennsylvania · 1810
3Cited by14 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Brown v. ArnoldCourt of Appeals for the Eighth Circuit · 1904
- Weaver v. WeaverNew Mexico Supreme Court · 1911
- King v. DavisU.S. Circuit Court for the District of Western Virginia · 1903
- Crichton v. StorzNew Mexico Supreme Court · 1915
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