McPherson v. Mississippi Valley Trust Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. Jessie May McPherson, the plaintiff in error, brought this action of replevin, without bond, against the Mississippi Valley Trust Company, the defendant in error, to recover the possession of certain moneyed securities. The parties waived a jury, and filed a written stipulation that the court should try the cause.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. Jessie May McPherson, the plaintiff in error, brought this action of replevin, without bond, against the Mississippi Valley Trust Company, the defendant in error, to recover the possession of certain moneyed securities. The parties waived a jury, and filed a written stipulation that the court should try the cause. The court made the following findings of fact: “(1) At and prior to the 'time of the bringing of this action the plaintiff, Jessie May McPherson, was a citizen and resident of the state of New…
1Per curiam
The opinion of the learned trial judge covers all the issues of law in this case, and, agreeing with its reasoning and conclusions, we adopt it as the opinion of this court:
“SHIRAS, District Judge. The principle is well settled that, in order to avoid unseemly conflicts in the enforcement of judgments, arising between the federal and state courts, care must be exercised not to interfere with the possession and control over property brought within the possession of a court of the one jurisdiction by proceedings subsequently brought in a court of the other jurisdiction.
“It is equally well…
2Cases cited3 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Borer v. ChapmanSupreme Court of the United States · 1887
- Spokane Falls & N. Ry. Co. v. ZieglerCourt of Appeals for the Ninth Circuit · 1894
3Cited by3 opinions
- Jackson v. HarrisCourt of Appeals for the Tenth Circuit · 1930
- Alexander v. ShapardTennessee Supreme Court · 1921
- Harrold v. First Nat. Bank of Fort WorthDistrict Court, N.D. Texas · 1950