Texas Co. v. Central Fuel Oil Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the Ünited States for the Eastern District of Oklahoma. Suit in equity by the Texas Company against the Central Fuel Oil Company and others. From a decree dismissing the bill on demurrer, complainant appeals.
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Appeal from the Circuit Court of the Ünited States for the Eastern District of Oklahoma. Suit in equity by the Texas Company against the Central Fuel Oil Company and others. From a decree dismissing the bill on demurrer, complainant appeals. The appellant, a corporation created by and having its domicile in the state of Texas, filed its bill in the court below against the defendants, seeking specific performance of a contract made by it with the defendant Central Fuel Oil Company. A temporary restraining order was granted on an ex parte hearing on the bill and affidavits filed with it. The…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] If the sole object of the bill of complaint is to obtain a decree for specific performance of the contract for the delivery of the oil, the proceeding would be one in personam, and such an action, in the absence of a statute conferring jurisdiction in rem, would not be local, but transitory, and could be maintained in any court having jurisdiction of the person of the defendant. Penn v. Baltimore, 1 Ves. Sr. 444; Massie v. Watts, 6 Cranch, 148, 3 L. Ed. 181; Orton v. Smith, 18 How. 263, 15 L. Ed. 393; Hart v. Sansom, 110 U. S. 151, 154, 3 Sup. Ct. 596,…
2Cases cited87 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Davis v. WakeleeSupreme Court of the United States · 1895
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Payne v. HookSupreme Court of the United States · 1869
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3Cited by76 opinions
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- Fagan v. City of NewarkNew Jersey Superior Court Appellate Division · 1963
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