Barrow v. Hunton
Supreme Court of the United States
On the 19th of January, 1874, Logan Hunton recovered in the Fourth District Court for the parish of Orleans, Louisiana, against F. M. Goodrich and one Pilcher, a judgment for $2,500, and interest at eight per cent per annum from May 1, 1861. On the 28th of that month, Goodrich filed a petition in. said court, praying for a decree of nullity of the said judgment, and for an injunction in the mean time, setting forth as grounds for such relief that the judgment complained of…
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On the 19th of January, 1874, Logan Hunton recovered in the Fourth District Court for the parish of Orleans, Louisiana, against F. M. Goodrich and one Pilcher, a judgment for $2,500, and interest at eight per cent per annum from May 1, 1861. On the 28th of that month, Goodrich filed a petition in. said court, praying for a decree of nullity of the said judgment, and for an injunction in the mean time, setting forth as grounds for such relief that the judgment complained of was void, because it was founded on a default taken, and no- lawful service of the petition and citation in the suit had…
1Opinion of the CourtJustice Bradley
The question presented with regard to the jurisdiction of the Circuit Court is, whether the proceeding to procure nullity of the former judgment in such a case as the present is or is not in its nature a separate suit, or whether it is a supplementary proceeding so connected with the original suit as to form an incident to it, and substantially a continuation of it. If the proceeding is merely tantamount to- the common-law practice of moving to set aside a judgment for irregularity, or to a writ of error, or to a bill of review or an appeal, it would belong to the latter category, and the…
2Cases cited2 opinions
- Gaines v. FuentesSupreme Court of the United States · 1876
- David v. CabouretSupreme Court of Louisiana · 1846
3Cited by130 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Marshall v. HolmesSupreme Court of the United States · 1891
- Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
- Kougasian v. TMSL, Inc.Court of Appeals for the Ninth Circuit · 2004
- Kougasian v. Tmsl, Inc.Court of Appeals for the Ninth Circuit · 2004
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