[DOWNLOAD] "Haines Et Al. v. Carpenter Et Al." by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Haines Et Al. v. Carpenter Et Al.
- Author : United States Supreme Court
- Release Date : January 01, 1875
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A mere statement of the bill is sufficient to show that it cannot be sustained. Whilst it undoubtedly presents some matters of equitable consideration, they are so mixed up with others of a different character, or which cannot be entertained by the Circuit Court of the United States, and which constitute the main object and purpose of the suit, as to make the bill essentially bad on demurrer. In the first place, the great object of the suit is to enjoin and stop litigation in the State courts, and to bring all the litigated questions before the Circuit Court. This is one of the things which the Federal courts are expressly prohibited from doing. By the act of March 2, 1793, it was declared that a writ of injunction shall not be granted to stay proceedings in a State court. This prohibition is repeated in sect. 720 of the Revised Statutes, and extends to all cases except where otherwise provided by the Bankrupt Law. This objection alone is sufficient ground for sustaining the demurrer to the bill. In the next place, the claim that the court ought to interfere on account of multiplicity of suits is manifestly unfounded. Only three suits are specified for this purpose in the bill, and each of these has a distinct object, founded on a distinct ground, and is instituted by a distinct class of claimants, who had a perfect right to institute the suit they did. The State courts have full and ample jurisdiction of the cases, and no sufficient reason appears for interfering with their proceedings. The decree of the Circuit Court is affirmed.
Post a Comment for "[DOWNLOAD] "Haines Et Al. v. Carpenter Et Al." by United States Supreme Court # eBook PDF Kindle ePub Free"