Smith Bros. v. Thompson

Decided March 6, 1882

Mississippi Supreme Court · decided 1882-03-06

Chas. Oruzat executed his promissory note to Smith Bros. .& Co. for $1,000 and secured it by giving a deed of trust on some property in Scranton, Miss. After this, some of Cruzat’s creditors attached him and secured judgments against him, and the property on which he had given the deed of trust to Smith Bros. & Co. was levied on and sold under execution. Stephen B. Thompson, a citizen of the State of Mississippi, bought the property.

Reversed and remanded, · Decided 1882-03-06

¶1Opinion.

Per Curiam:

¶2The decree in this case is reversed because the court below had no jurisdiction in the matter after the motion to transfer the case to the Federal court, and a compliance, by the party asking the transfer, with the requirements of the Act of Congress regulating the transfer of causes from the State to the Federal courts. Everything thereafter done in the State court was coram non judice and void.

¶3Decree reversed and vacated and cause remanded with instructions to take no further action in it until the further order of the Federal court.