O'CONNOR v. O'CONNOR
| Citation | 315 F.2d 420 |
| Decision Date | 22 May 1963 |
| Docket Number | No. 19763.,19763. |
| Parties | James D. O'CONNOR, as Independent Executor of the Estate of T. J. O'Connor and Ellen O'Connor, deceased, Appellant, v. C. J. O'CONNOR and Flossie Mae O'Connor, et al., Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
James D. O'Connor, O'Connor & Douglass, Dallas, Tex., for appellant.
William A. Rembert, Jr., W. M. Taylor, Jr., John F. Townsend, Gordon MacDowell, Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellee, C. J. O'Connor.
Before RIVES, JONES and BROWN, Circuit Judges.
T. J. O'Connor and Ellen O'Connor, husband and wife residing in Texas, executed a joint will in 1952 by which, when both were dead, the home place and another piece of property in Dallas, Texas, were devised to their son, James D. O'Connor, with the residuary estate to be divided equally among three children, James D. O'Connor, Arthur D. O'Connor and C. J. O'Connor. James D. O'Connor was named as executor. T. J. O'Connor and Ellen O'Connor are dead. James D. O'Connor qualified as Independent Executor of the estate of his parents. The controversies between Arthur D. O'Connor and C. J. O'Connor on one hand and James D. O'Connor on the other hand commenced soon after both of their parents were dead. In the litigation arising out of the family disagreements the 101st District Court for Dallas County, Texas, in a suit for an accounting and for a partition of the properties of the estate, entered an interlocutory order appointing a receiver for the estate and requiring an accounting. This order was affirmed. O'Connor v. O'Connor, Tex.Civ.App., 337 S.W.2d 829. See also O'Connor v. O'Connor, Tex.Civ.App., 320 S.W.2d 384.
James D. O'Connor, as Independent Executor of the estate of T. J. O'Connor and Ellen O'Connor, brought a suit in the Federal District Court against C. J. O'Connor, Flossie Mae O'Connor, widow of Arthur D. O'Connor, James F. McCarthy as receiver under the order of the Texas Court, and against Dallas A. Blankenship, Judge of the 101st District Court of Dallas County, Texas, seeking to enjoin further action in the state court proceeding, to restrain the sale of any of the estate property, to enjoin interference with the management of the estate by the plaintiff, who is the appellant here, and for actual and exemplary damages. The gravamen of his complaint is that he was sued in the state court individually and not in his representative capacity and because of this, it is asserted, the order of the state court appointing a receiver and directing an accounting is a nullity. The provisions of the Civil Rights Act are relied upon to give federal jurisdiction. Those provisions are:
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof...
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