Societe Fonciere v. Milliken - 135 U.S. 304 (1890)

U.S. Supreme Court

Societe Fonciere v. Milliken, 135 U.S. 304 (1890)

Societe Fonciere et Agricole des Etats Unis v. Milliken

No. 274

Submitted April 16, 1890

Decided May 5, 1890

135 U.S. 304

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF TEXAS

Syllabus

Section 1373, Rev.Stats.Texas, authorizes the granting of new trials only where the judgment was rendered on service of process by publication.

Whether, in the 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, quaere.