Legal Opinion
Phelan v. Smith
California Supreme Court
Decided July 1, 1857PublishedCited by 3 opinions
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was a bill in equity, filed in the Twelfth District Court, to restrain the proceedings of the Circuit Court of the United State, in the case of Peter Smith v. Thorn and others. The defendants demurred to the complaint; the District Court sustained the demurrer, and the plaintiffs appealed.
1Opinion of the CourtBurnett, J.
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.
2Cited by3 opinions
- Harvick v. StateSupreme Court of Arkansas · 1887
- Prugh v. Portsmouth Savings BankNebraska Supreme Court · 1896
- Territory of Montana v. DuncanMontana Supreme Court · 1885