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SIMON v. SOUTHERN RAILWAY

No. 34.

236 U.S. 115 (1915)

35 S.Ct. 255

59 L.Ed. 492

SIMON v. SOUTHERN RAILWAY COMPANY.

Supreme Court of United States.

Decided January 25, 1915.

Attorney(s) appearing for the Case

Mr. Henry L. Lazarus, with whom Mr. Herman Michel, Mr. Eldon S. Lazarus, Mr. David Sessler and Mr. Girault Farrar were on the brief, for appellant.

Mr. J. Blanc Monroe, with whom Mr. Monte M. Lemann and Mr. Alfred P. Thom were on the brief, for appellee.

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.

The primary question whether the United States court had jurisdiction of the case must of course be determined by considering the allegations of the Bill. It shows diversity of citizenship and charges that Simon was seeking to enforce by levy a judgment obtained by fraud and without notice to the Railway Company. If that be so the...

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