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186 F.2d 6·
8th Cir.·
1951-01-17
The court held that it cannot recall its mandate or vacate its prior order based on allegations of forgery in the underlying state court judgment, as the appellant must first seek relief in the state court that rendered the judgment.
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182 F.2d 750·
5th Cir.·
1950-06-14
The court held that the appellants' claims were untenable and lacked basis in the record or legal authority, thus affirming the lower court's judgment.
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169 F.2d 689·
7th Cir.·
1948-07-23
The court held that the Logan County Court had jurisdiction over the subject matter and necessary parties in the proceeding to sell the decedent's real estate, and any errors in its decree after the death of a party without substitution were voidable, not void, and could not be a
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167 F.2d 736·
10th Cir.·
1948-04-16
The court held that a judgment of heirship cannot be collaterally attacked due to a defect in a pleading that could have been amended.
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164 F.2d 989·
5th Cir.·
1947-12-11
The dissenting judge believes the trial court erred in holding the administrator's deed void solely because the prior administratrix's discharge had not been set aside, arguing Georgia law permits administration of dower property after the widow's death.
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149 F.2d 289·
D.C. Cir.·
1945-03-19
The court held that defenses based on the plaintiff's prior fraudulent divorce and undisclosed prior unchastity, as well as accord and satisfaction, should not have been stricken by the trial court.
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148 F.2d 981·
9th Cir.·
1945-02-28
The court held that the wife's transfers of her separate property were not fraudulent as to the bank because the bank was not her creditor at the time of the transfers, and that the husband's art was properly found to be part of his estate transferred in fraud of creditors.
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143 F.2d 471·
7th Cir.·
1944-05-20
A surety paying a judgment against a defaulting treasurer is not subrogated to the rights of creditors whose claims were paid with funds that were themselves derived from a wrongful diversion of bond proceeds.
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132 F.2d 917·
5th Cir.·
1943-01-15
The court held that the allegations of fraud were insufficient to support a collateral attack on the state court's divorce judgment, and the lower court correctly found jurisdiction attached.
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150 Fla. 511·
Fla.·
1942-05-08
The Florida Supreme Court affirmed a decree awarding a disputed fund to the executor of John S. Newberry's estate, rejecting claims by the Town of Belleair and bondholders. The fund consisted of money recovered through mandamus to compel bond coupon redemption, which Newberry dep
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141 Fla. 717·
Fla.·
1940-02-09
This case reviews a decree that dissolved a temporary restraining order and dismissed a complaint. The appellate court affirmed the lower court's decision, finding that the judgment was valid and not subject to collateral attack.
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135 Fla. 757·
Fla.·
1939-01-04
The Florida Supreme Court granted a writ of prohibition preventing a circuit court from holding petitioners in contempt for failing to comply with a reconveyance decree, finding the decree insufficient because it failed to establish that the county judge's court had jurisdiction
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123 Fla. 870·
Fla.·
1935-09-25
The Florida Supreme Court affirmed a judgment against the executors of Auguste Gieske's estate for a stock assessment levied by a Minnesota court against stockholders of an insolvent Minnesota corporation. The court held that assessments on stock ownership validly bind the estate
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118 Fla. 430·
Fla.·
1935-02-12
United States Fidelity and Guaranty Co. sought to enforce a sheriff's deed based on a judgment obtained in an execution suit. The Florida Supreme Court reversed the trial court's exclusion of the deed, holding that while a statute required the agreement designating a judge ad lit
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112 Fla. 408·
Fla.·
1933-10-19
Aetna Casualty & Surety Company sought equitable relief to enjoin enforcement of a judgment against it on a garnishment release bond, claiming the underlying judgment was void. The Florida Supreme Court held that because any defects in the underlying judgment would have been pate