Carson v. Dunham
Massachusetts Supreme Judicial Court
Bill in equity to enjoin the defendant, a citizen of this Commonwealth, from prosecuting a suit brought by him against the plaintiff, also a citizen of this Commonwealth, on August 11, 1886, in a court of South Carolina, to foreclose a mortgage of land in that State. Hearing before W. Allen, J., who reported the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
This court has, without doubt, the power to restrain a citizen of this Commonwealth, who is personally within its jurisdiction, from prosecuting a suit in the courts of a sister State or a foreign country, when justice and equity require it.
In Dehon v. Foster, 4 Allen, 545, and 7 Allen, 57, the court, at the suit of the assignees of an insolvent debtor, enjoined a citizen of this Commonwealth from prosecuting a suit in Pennsylvania against the debtor, in which his .property was attached, because the effect of allowing the suit to go to judgment would be to give the attaching creditor a…
2Cases cited6 opinions
- Carson v. DunhamSupreme Court of the United States · 1887
- Provident Savings Life Assurance Society v. FordSupreme Court of the United States · 1885
- Carson v. HyattSupreme Court of the United States · 1886
- McBurney v. CarsonSupreme Court of the United States · 1879
- Oakley v. GoodnowSupreme Court of the United States · 1886
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3Cited by26 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Royal League v. KavanaghIllinois Supreme Court · 1908
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1937
- Chicago, Milwaukee & St. Paul Railway Co. v. McGinleyWisconsin Supreme Court · 1922
- Craig & Bumgardner v. Hoge & HutchinsonSupreme Court of Virginia · 1897
21 more not listed; retrieve them via the Exa API.