Mohawk Oil Co. v. Layne
District Court, W.D. Louisiana
In Equity. Suit by the Mohawk Oil Company against Mrs. Eula S. Eayne. On motion to dismiss, and on application for injunction. Plaintiff, assignee of certain oil leases from Herndon and Baines to Dun-son and associates, which it in turn had transferred to the Tex-la-homa Oil Corporation, brings this suit .to have annulled two certain judgments of the state court, affecting said leases, and to enjoin the defendant herein from enforcing same.
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In Equity. Suit by the Mohawk Oil Company against Mrs. Eula S. Eayne. On motion to dismiss, and on application for injunction. Plaintiff, assignee of certain oil leases from Herndon and Baines to Dun-son and associates, which it in turn had transferred to the Tex-la-homa Oil Corporation, brings this suit .to have annulled two certain judgments of the state court, affecting said leases, and to enjoin the defendant herein from enforcing same. The case is now before the court on motion of defendant to dismiss. The bill of complaint alleges that in 1916 Herndon and Baines executed oil and mineral…
1Opinion of the CourtJack, District Judge
(after stating the facts as above). [1] If the judgments in question be void, or if they be void as to the plaintiff in this proceeding, the other requisites of jurisdiction being present, this court would have jurisdiction to enjoin their execution. The same right exists in the state courts under the well-established jurisprudence. See Sheriff v. Judge, 46 La. Ann. 29, 14 South. 427; Hibernia National Bank v. Standard Guano Chemical & Manufacturing Co., 51 La. Ann. 1321, 26 South. 274. As was said by the Supreme Court of the United States in Simon v. Southern Railway Co., 236 U. S. 123, 35…
2Cases cited13 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Marshall v. HolmesSupreme Court of the United States · 1891
- Gaines v. FuentesSupreme Court of the United States · 1876
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Johnson v. WatersSupreme Court of the United States · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Town of Flagstaff v. WalshCourt of Appeals for the Ninth Circuit · 1925
- Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
- Transworld Drilling Co. v. Texas Gen. Petroleum Corp.Louisiana Court of Appeal · 1985
- Joseph Reid Gas Engine Co. v. Exchange Nat. BankDistrict Court, W.D. Louisiana · 1922
- Mohawk Oil Co. v. LayneDistrict Court, W.D. Louisiana · 1921