Davis v. Shropshire

Head, Justice.

1. While it is the general rule that the pendency of a prior suit in a district court of the United States is not a bar to a suit in a State court between the same parties and for the same cause of action, an exception to this rule is, “that where the Federal court has first acquired possession of the res, or has taken steps equivalent to exercising dominion over it, that court will thereby acquire exclusive jurisdiction of the case.” Inter-Southern Life Ins. Co. v. McQuarie, 148 Ga. 233 (96 S. E. 424); Hines & Hobbs v. Rawson, 40 Ga. 356 (2 Am. R. 581); Young v. Hamilton, 135…