Phœnix Bridge Co. v. Castleberry

Citations

• 131 F. 175
• 65 C.C.A. 481
• 1904 U.S. App. LEXIS 4273

Syllabus

<p>1. Judgments — Collateral Attack — Federal and State Courts.</p> <p>The jurisdiction of a court to render a judgment is always subject to collateral attack and inquiry in a court of another sovereignty in which such judgment is relied on, and in suc-h respect federal and state courts are foreign to each other, although sitting within the same state.</p> <p>2. Same — Federal Courts — Following State Decisions.</p> <p>The right of collateral attack on a judgment is a matter of general lajv as to which the decisions of the courts of a state are not binding on a federal court.</p> <p>3. Administration oe Estates — Priority oe Jurisdiction — South Carolina Statute.</p> <p>Under 2 Code Civ. Proc. S. C. § 48, which provides that, “when any probate court shall have first taken cognizance of the settlement of the estate of a deceased person such court shall have jurisdiction of the disposition and settlement of all the personal estate of such deceased person to the exclusion of all other probate courts,” that court first “takes cognizance of the settlement” of an estate which first grants letters thereon, which is the first judicial act in the proceeding, the petition being ex parte, and the issuance of citation thereon ministerial.</p> <p>4. Master and Servant — Injury oe Servant — Rule Governing Master’s Duty.</p> <p>The rule as to the duty of a master in respect to providing a safe place to work is not applicable to a case where a servant is injured by reason of defects in or insufficiency of a temporary structure, such as a scaffolding or framework for supporting heavy materials, which are appliances or instrumentalities by means of which the work is to be done.</p> <p>5. Same — Appliances or Temporary Structures.</p> <p>When, by the express or implied contract between the master and servant, the former undertakes to furnish the necessary tools or appliances, it is his duty to use ordinary care to see to it that such instrumentalities are safe and suitable; and as thi