Simon v. Southern Ry. Co.

Citations

• 195 F. 56
• 115 C.C.A. 58
• 1912 U.S. App. LEXIS 1340

Syllabus

<p>1. Courts (§ 508*)—Jurisdiction—Restraining Enforcement of Judgment Rendered by State Court.</p> <p>The Circuit Court of the United States has jurisdiction of a suit by a citizen of one state against a citizen of another to enjoin the enforcement of a judgment against him, entered in a state court having no jurisdiction, for want, of proper service of process.</p> <p>[Ed. Note.—For other eases, see Courts, Cent. Dig. §§ 1418-1430; Dee. Dig. § 508.*</p> <p>Enjoining proceedings in state courts, see notes to Garner v. Second Nat. Bank of Providence, 16 C. C. A. 90; Central Trust Co. of New York v. Grantham, 27 C. O. A. 575; Copeland v. Bruning, 63 O. O. A. 437.]</p> <p>2. Courts (§ 96*)—Controlling Decisions.</p> <p>A decision of the federal Supreme Court that the Circuit Court of the United States has jurisdiction of a suit is binding on the United States Circuit Court of Appeals on appeal from a decree of the Circuit Court.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 325, 327, 32S; Dec. Dig. § 96.*]</p> <p>3. Corporations (§ 668*)—Foreign Corporations—Actions—Service of Process—Statutory Compliance.</p> <p>A service on the Assistant Secretary of State of Louisiana of process, in an action against a foreign corporation which had not named an agent on whom process might be served, is not the equivalent of service on the Secretary of State within Act No. 54 of 1904 of Louisiana, providing that, where a foreign corporation has not filed in the office of the Secretary of State a written declaration setting forth the name of its agent in the state on whom process may be served, process may be served on the Secretary of State, and a default judgment against the foreign corporation on such service and without any appearance by the corporation is void for want of jurisdiction of the person.</p> <p>[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 2603, 2600-2627; Dec. Dig. § 668.*</p> <p>Service of process on foreign corporations, see notes to E