Investment Registry, Ltd. v. Chicago & M. Electric R.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. Bill by the Investment Registry, Limited, against the Chicago & 'Milwaukee Electric Railroad Company and others, consolidated with proceedings by the Western Trust & Savings Bank and others and by the P'iler & Stowell Company. From an order vacating a previous order allowing the Filer & Stowell Company to sue in the slate court, that company appeals.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. Bill by the Investment Registry, Limited, against the Chicago & 'Milwaukee Electric Railroad Company and others, consolidated with proceedings by the Western Trust & Savings Bank and others and by the P'iler & Stowell Company. From an order vacating a previous order allowing the Filer & Stowell Company to sue in the slate court, that company appeals. The appeal is from, an order of the District Court restraining appellant from further prosecution of an action it had commenced in the Wisconsin state…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). In our view this controversy presents two questions: First, did the commencement of the suit in the state court pursuant to the order of the District Court granting leave to that end, preclude the District Court from thereafter recalling its leave to sue there, and taking jurisdiction of the subject-matter of that suit; and, second, in case the first proposition is negatively determined, was there any such impropriety in the action of the District Court vacating the order for leave and enjoining appellant from prosecuting its claim for lien elsewhere than…
2Cases cited3 opinions
- Board of Com'rs v. PeirceU.S. Circuit Court for the District of Northern Ohio · 1898
- New York Security & Trust Co. v. Illinois Transfer R. Co.Court of Appeals for the Seventh Circuit · 1900
- Ray v. TriceSupreme Court of Florida · 1907
3Cited by6 opinions
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Hatten v. VoseCourt of Appeals for the Tenth Circuit · 1946
- H. B. Deal & Co. v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1942
- Lively v. Evans-Howard Fire Brick Co.Supreme Court of Oklahoma · 1925
- Investment Registry, Ltd. v. Chicago & M. Electric R. Co.District Court, E.D. Wisconsin · 1924
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