RICKETT v. JOHNSON
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The defendant Johnson filed his complaint in the Fourth District Court, to enforce the specific performance of an agreement executed by defendant John H. Riekett, for the conveyance of land. The suit was defended by Riekett, and a decree rendered, requiring the conveyance to be executed.
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Appeal from the Superior Court of the City of San Francisco. The defendant Johnson filed his complaint in the Fourth District Court, to enforce the specific performance of an agreement executed by defendant John H. Riekett, for the conveyance of land. The suit was defended by Riekett, and a decree rendered, requiring the conveyance to be executed. Before the execution of the deed, Riekett and wife filed their complaint in the Superior Court, alleging a right of homestead in the premises, and fraud in obtaining the agreement, and praying for an injunction, restraining the execution of the…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Murray, C. J., concurring.
The only question which it becomes necessary to determine is, whether one District Court, under our system, can issue the writ of injunction, restraining the execution of the orders, or the carrying into effect the decrees, of another Court of co-ordinate jurisdiction.
This question was settled by the unanimous opinion of the Superior Court of Mew York, in the case of Grant v. Quick, 5 Sand., 612. In that case, Justice Duer, in delivering the opinion of the Court, uses this language :
“ The only…
2Cited by11 opinions
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- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
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