Legal Opinion

Jones v. Hughes

Supreme Court of Iowa

Decided October 21, 1912PublishedCited by 16 opinions

Appeal from Lee District Court. — Hon. W. S. Hamilton, Judge. This is an action in equity to enjoin the prosecution by defendant against plaintiff of a suit, aided by attachment, in a court of Missouri to recover damages • for slander and malicious prosecution for. words spoken and acts done in Lee county of this 'state, of which county the plaintiff and defendant are both residents.

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Appeal from Lee District Court. — Hon. W. S. Hamilton, Judge. This is an action in equity to enjoin the prosecution by defendant against plaintiff of a suit, aided by attachment, in a court of Missouri to recover damages • for slander and malicious prosecution for. words spoken and acts done in Lee county of this 'state, of which county the plaintiff and defendant are both residents. After the filing of an answer, the court, on motion, dissolved a preliminary injunction which had been granted on plaintiff’s application, and from such order the plaintiff appeals.

1Opinion of the CourtMcClain, C. J.

The case as presented involves the question whether a court of equity in this state may, in a suit by a citizen of the state brought against another citizen of the state, enjoin the prosecution in a court of another state of an action to recover damages for personal wrongs committed in this state. In order to discuss this question with reference to its proper solution under the facts appearing in this case, the following statement of the circumstances will be sufficient:

In November, 1909, an action. entitled “K. O. MeIlwain and Felix T. Hughes v. William Sinton, B. A. Dolan and B. F. Jones”…

2Cases cited15 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
  3. Royal League v. KavanaghIllinois Supreme Court · 1908
  4. Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
  5. Keyser v. RiceCourt of Appeals of Maryland · 1877

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3Cited by16 opinions

  1. American Express Co. v. FoxTennessee Supreme Court · 1916
  2. Wabash Railway Co. v. PetersonSupreme Court of Iowa · 1919
  3. Northern Pacific Railway Co. v. Richey & Gilbert Co.Washington Supreme Court · 1925
  4. WM. Cameron & Co. v. AbbottCourt of Appeals of Texas · 1924
  5. Missouri Pac. Ry. Co. v. HardenSupreme Court of Louisiana · 1925

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