Phelan v. Smith
PHELAN v. SMITH
- Area
- civil
- Panel
- Lawrence F. Terry, Albert G. Burnett
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Burnettterry
Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring.
The demurrer was properly sustained, for two reasons.
1. A State Court cannot enjoin the proceedings of a Federal Court. 1 Kent, 451.
2. A Court of co-ordinate jurisdiction cannot restrain the proceedings of another Court of the same jurisdiction. Ricketts and Wife v. Johnson and others, July, 1857.
Judgment affirmed.