gno.law

Phelan v. Smith

California Supreme Court · · 1857-07-01 · Published · 8 Cal. 520

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.