Biggs v. Colby
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Suit by William Biggs against J. H-. Colby. From an order sustaining a demurrer to the complaint, complainant appeals. Appellant and appellee both lived in Purcell, in the Southern District.
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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Suit by William Biggs against J. H-. Colby. From an order sustaining a demurrer to the complaint, complainant appeals. Appellant and appellee both lived in Purcell, in the Southern District. Appellant was indebted to appellee, and, presumably for the very purpose of evading the exemption laws of this jurisdiction, — but whether or not for that purpose,it had such effect,, — the appellee found appellant temporarily in Oklahoma, where he sued him before a justice of the peace, and attached a team and wagon of…
1Opinion of the CourtClayton, J.
The only question in this case for our consideration is, was the appellant entitled to the relief prayed for? The relief asked was an order restraining the appellee, a resident of this jurisdiction, from prosecuting an action against appellant *384also a resident of this jurisdiction, in a foreign jurisdiction, whereby the appellant was deprived of the exemption laws of his domicile. “ The courts of equity of the state where the parties reside will, by injunction, restrain the prosecution in another state of any suit brought there for the purpose of avoiding the exemption laws of the state where…
2Cases cited3 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Griffith v. LangsdaleSupreme Court of Arkansas · 1890
- Winter & Co. v. SimpsonSupreme Court of Arkansas · 1883