Oliver Wendell Holmes, Jr.

“ Even if the decision could have been put on a narrower ground, the ground adopted was that the circuit court had original jurisdiction of such a suit. It would be going far to say that, although the circuit court had power to grant relief by final decree, it had not power to preserve the rights of the parties until the final decree should be reached, or that an injunction continued in force under the authority of the United States, but originally issued by a state court, stood on stronger grounds than one granted by the United States court in the first place. ”

“ But it alleges facts that show a total want of jurisdiction in the state court, and implies, at least, that the fictitious service was made with deliberate fraud. Its general nature and purpose are clear. Enough is alleged to amend by, if amendment is necessary, and to give jurisdiction to the circuit court. As we cannot pronounce the whole proceeding void, we have nothing to do with the sufficiency of the pleading or the question whether the bill would be good or bad on demurrer. ”

“ It alleges that Simon brought a suit against the railway in Louisiana surreptitiously and without its knowledge, and that, on the suggestion that the railway was a foreign corporation, doing business in the state without having named an agent to receive service, he served the citation upon the assistant secretary of state, whereas the railway was not a corporation doing business in the state, and the service was void. ”