M. Schandler Bottling Co. v. Welch
U.S. Circuit Court for the District of Kansas
In Equity. Bill for injunction. The complainant is a corporation of the state of Missouri. The respondents are residents of the state of Kansas. The respondent Welch is the acting county attorney of Shawnee county, in Kansas, and the respondent Wilkerson is the acting sheriff of said county.
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In Equity. Bill for injunction. The complainant is a corporation of the state of Missouri. The respondents are residents of the state of Kansas. The respondent Welch is the acting county attorney of Shawnee county, in Kansas, and the respondent Wilkerson is the acting sheriff of said county. The bill alleges that complainant is engaged in the business of a wholesale and retail liquor dealer at the City of Kansas, in Missouri; that it owns and has in possession a large amount of whiskies, wines, and beer, and other articles of merchandise, in said last-named city, and sells the same to various…
1Opinion of the Court
Philips, J.,
(after stating the facts as above.') The objection made to this proceeding, that it is practically a suit against the state, has been considered by us in the case of Tuchman v. Welch, ante, 548, in the opinion just filed. See, also, Hagood v. Southern, 117 U. S. 70, 6 Sup. Ct. Rep. 608. The remaining question, not disposed of in that discussion, is whether or not this suit is obnoxious to the objection that a court of equity never extends its jurisdiction to the enjoining of criminal proceedings. This is, unquestionably, a well-settled general rule of equity jurisprudence. Railway…
2Cases cited7 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- In Re SawyerSupreme Court of the United States · 1888
- Dodge v. WoolseySupreme Court of the United States · 1856
- Hagood v. SouthernSupreme Court of the United States · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ezell Littleton v. Peyton Berbling, Individually and as State's Attorney for Alexander County, IllinoisCourt of Appeals for the Seventh Circuit · 1972
- Duluth Brewing & Malting Co. v. City of SuperiorCourt of Appeals for the Seventh Circuit · 1903
- Davis & Farnum Mfg. Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1902
- State v. LagardeU.S. Circuit Court for the District of Eastern Louisiana · 1894
- Monroe v. PapeSupreme Court of the United States · 1961
3 more not listed; retrieve them via the Exa API.