Legal Opinion

American Ass'n v. Hurst

Court of Appeals for the Sixth Circuit

Decided November 6, 1893No. 100PublishedCited by 20 opinions

Appeal from the Circuit Court of the United States for the District of Kentucky. In Equity. Bill by the American Association, Limited, against E. Hurst and J. C. Colson, to enjoin a sheriff’s sale. Bill dismissed. Complainant appeals.

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Appeal from the Circuit Court of the United States for the District of Kentucky. In Equity. Bill by the American Association, Limited, against E. Hurst and J. C. Colson, to enjoin a sheriff’s sale. Bill dismissed. Complainant appeals. Statement by TAFT, Circuit Judge: This was an appeal from a decree of the United States circuit court for the district of Kentucky, dismissing the bill of the appellant, the American Association, Limited, on the ground that the court had no jurisdiction to grant the relief prayed for. After averring that the American Association, Limited, was a corporation and…

1Opinion of the Court

TAFT, Circuit Judge,

(after stating the facts.) The court helow held that the remedy sought by complainant was forbidden in the federal court by section 720 of the Revised Statutes, which declares that the writ of injunction shall not be granted by any court of the United States to stop proceedings in any court of a state, except in cases where such injunction may be áuthorizéd by any law relating to proceedings in bankruptcy.

The questions necessary for us to consider are — First, whether the sale of land by a sheriff under an execution issued out of a Kentucky court of equity on a sale bond…

2Cases cited13 opinions

  1. Covell v. HeymanSupreme Court of the United States · 1884
  2. Freeman v. HoweSupreme Court of the United States · 1861
  3. Buck v. ColbathSupreme Court of the United States · 1866
  4. Forman v. HuntCourt of Appeals of Kentucky · 1835
  5. Perry v. SharpeUnited States Circuit Court · 1881

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3Cited by20 opinions

  1. Hill v. MartinSupreme Court of the United States · 1935
  2. State v. JoubertNebraska Supreme Court · 1994
  3. Donald W. Pelfresne v. Village of Williams BayCourt of Appeals for the Seventh Circuit · 1989
  4. Phelps v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the Sixth Circuit · 1901
  5. Southern Bank & Trust Co. v. FolsomCourt of Appeals for the Sixth Circuit · 1896

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