Société Foncière Et Agricole Des États Unis v. Milliken

Citations

• 135 U.S. 304
• 10 S. Ct. 823
• 34 L. Ed. 208
• 1890 U.S. LEXIS 2023

Syllabus

<p>Section 1373, Rev. Stats. Texas, authorizes the'granting of new trials only ■ where-the judgment was rendered on service of process by publication.</p> <p>Whether, in ttye absence of a statute, a judgment under which property has been levied upon and sold, and which has stood unchallenged for nearly two years, can be set aside otherwise than through proceedings in equity, ■ qucere.</p> <p>A foreign corporation doing business in the State of Texas may be brought into court by service of process upon its agent there.</p> <p>An affidavit, preliminary to the issue of an attachment in Texas upon a foreign corporation, which recitgs that the defendant “ is not a resident corporation, or is a foreign corporation, pris acting as such,” is a sufficient affidavit under Rev. Stats. Texas, Art. 152. Hopkins v. Nichols, 22 Texas, 206, distinguished.</p> <p>A delay of two years in commencing proceedings to set aside a judgment for usury is laches, and is fatal.</p>