Defiance Water Co. v. City of Defiance

SEVERENS, Circuit Judge.

In this case the defendants have moved for a stay of proceedings to abide the decision of the state courts of Ohio of a case there pending between these parties, involving the merits of the present controversy. This motion is based upon the ground that, the suit in the state court having been first commenced, that court had obtained jurisdiction of the subject-matter, and that this court ought not to proceed with the present case until *179the determination of such former suit. It is undoubtedly the rule that, whore either the state or the federal court has, in a case…