The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-04-11
Subsequent Suit in the F ederal
Court by a Bond Holder
81 Makes No Difference.
Rd4EsTDN. Apr.

Makes No Difference.
NiARd EsTpS. Apr. lo.--ln affirm
4 Ing the circuit court Of Tyler cpun-
II in the case Of Central DistEict &c
Printing Telegraph Company VS.. the
Parkersburg & Ohio Valley Electric
Railway Company, in an 4,pLnion writ.
ten by Judge Williams. the supreme
court Of appeals on Tuesday held that
where a state court. has acquired jur-
tstidction OF the parties by issuance
Nj and service Of summons, in a suit
brought to erforce liens against the
specific property within its jurisdic-
ton. 1t caAnot be ousted Of its jur-
isdiction of the cause by the bring
ing OF a subsequent suit in federal
court by the holder OF bonds, secured
by trust deed on the same property,
TOT the Purpose OF enforcing the lien
OF such trust deed "a =
Ut was further held that declara-
tons by a domestic court of general
1uriedic ton respecting matters affect
Ing It's jurisd lotion, cannot be over
thrown by cxtrfnSic evidence. except
1or4fraud or collision. In absence of
the record Of ANYTHING CONTRADICTIONS
thereto. the recital ina decree that
all the defendants had been duly
served with process and had failed
to appear, is conclusive, says the
court s5 ~
Other points held in this case were:
"a copy OF the process found in the
=. Y ~ g, IneTeon ny lhe
puL MIth q and i pv
Lle cieFk siatln 8 mat tnere IS no re-
LuIll on -. sdfu process, Goes not con
la1!cL lis scital 10 ~ a decree as 70
$500 u, pl,1as. ,salcIe aectee
~ t<4uses vas siieald up
" iIis = inal ana AMENDED pllls
I t.ken Ior confessed, after due ser
1 vice OF process thereon all the de-
1e ea1rt and the rule docket falls to
snow service of process upon some
or them. the decree IS Judicial as
certalnment that all were served, and
4 Will De considered an INFORMAL corr
4rect1on Uf the rules.
Where the trustee In a deed Of
trust n1ade by a railway company to
secure e bond issue, IS made party de-
fendant and served with process, it is
i not no error; for the commits ioner to
a whom the cause has been referred, to
ia1ts to report such deed Of trust as a
81 len II the absence OF proof showing
issue and sale Of bonds. The tendency
OF a suit on the courts docket for
800
u proceeding taken during that time,
does not prove Intention to abandon
the suit.
q Another CaSc.t
In the case OF Dickinson, admins
traitor, vs. the New River & Pocahon7
fas Coal Company. in an opinion writ
ten by Fudge Poffenbarger,> it was
held that the use Of such track is
not expressly Or 1mp1idedly made in
cidental to the use of the house or
nlea surabiy appuEtenant thereto, chill
4 dren making inse OF the track. even
! With k1noWledge the company, are
pare licensees g as
II seiIecl tne pinlons Of the court lis
That q coal INNING corporation rs un-
Is NO IL Ulle hano llns or It's
coat Sais anu I lllotofs On lts private
4 Taifs iva "a oeuWeen tue tue mouth OF the
nine ana US iva at, or 1lpple, 10 keen
lo l Sol on
& s sIcl0, even tnouEh they reside
1 - ne ne etcoIrpaalhy5s ia houses near the
u ~ - a .s.st.-. 7, ID t,
BY am n151n1ns the circuit court OF
I.aleisn county' IN the the case or the
l1and COMPANY vs. slaynor,
en 7. ro lieiu Il llL recov-
IA Ely on aSilole sven ~ con
IN IN Whlcn on ne ORDINARY
Apply. can
not ioe ~; Tie GROUND
ven . dlu nc complete
tltle- w ' en- me properly SOD has been
ds esGl 70 rne IVenaee as contem7l
platedf ana MS possession tnereof IN
has = IL. 10 wise been dls
Il tur i, e q, .,s u, 4.