Atlantic Coast Line R. v. Daniels
District Court, S.D. Georgia
In Equity. Suits by the Atlantic Coast Line Railroad Company against Dr. John W. Daniels, Mrs. Hattie W. Wilson, 'and Golden Weems. Application for an injunction restraining the prosecution of the suits pending in the state court.
1Opinion of the CourtSpeer, District Judge
(orally). The bills presented call for the exercise on’ the part of the court of a power, which, while it may exist,should never be exercised except upon the plainest grounds of.necesr sity, imperative necessity at that, and that is the power tp enjoin a proceeding in a court of concurrent jurisdiction. .It is true that the application is directed merely against the parties before the court, but it is nevertheless in all essential respects a proceeding to enjoin the prosecution of a case pending in the state court.. It is made to a court of the United States, and the doctrines of comity which…
2Cases cited1 opinion
- Westinghouse Electric Mfg. Co. v. Montgomery Electric Light & Power Co.Court of Appeals for the Second Circuit · 1907
3Cited by2 opinions
- Armstrong v. Kansas City Southern Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
- Bainbridge Grocery Co. v. Atlantic Coast Line R.U.S. Circuit Court for the Southern District of Georgia · 1910