Hauf v. Wilson
United States Circuit Court
Application to Stay Proceedings. Defendant has been sued in this court upon a negotiable promissory note of which he is the maker. The plaintiff claims title by successive indorsements from Solomon Solmson, the original payee.
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Application to Stay Proceedings. Defendant has been sued in this court upon a negotiable promissory note of which he is the maker. The plaintiff claims title by successive indorsements from Solomon Solmson, the original payee. By his petition, the defendant states that before the bringing of this suit the creditors of Solomon Solmson, the payee, attached this debt due from him, along with other debts, by a bill in equity, to which Solmson and the petitioner (Wilson, the defendant in this suit) were parties defendant, brought in the state court, and that this defendant was, by preliminary…
1Opinion of the CourtHammond, J.
It is not at all necessary, in the view taken by the court, to decide the interesting question so ably presented by the brief of petitioner’s counsel, whether a eou”rt of law will, ex comitate, protect a garnishee in a foreign jurisdiction by staying the suit at law until the court of tho foreign jurisdiction can decide the attachment suit, as was done in Lynch v. Hartford Fire Ins. Co., 17 Fed. Rep. 627; nor whether this court and the state court are, in the sense of that case, foreign to each other, it being held in Radford v. Folsom, 14 Fed. Rep. 97, that they are not; nor to consider any…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Eyster v. GaffSupreme Court of the United States · 1876
- Christmas v. RussellSupreme Court of the United States · 1872
- Wallace v. McConnellSupreme Court of the United States · 1839
- Kirtland v. HotchkissSupreme Court of the United States · 1879
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