Friedling v. Freedman
Court of Appeals for the D.C. Circuit
Hearing oil an appeal by tbe plaintiff from a decree of tbe Supreme Court of tbe District of Columbia, sitting as' an equity court, dismissing- a bill for an injunction. Tbe Court in tbe opinion stated tbe facts as follows: Appellant, Harry Friedling, plaintiff below, instituted a suit against appellee Louis Freedman, otherwise known as Louis Fridman in tbe supreme court of tbe District of Columbia to recover damages for tbe alienation of tbe affections of bis wife.
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Hearing oil an appeal by tbe plaintiff from a decree of tbe Supreme Court of tbe District of Columbia, sitting as' an equity court, dismissing- a bill for an injunction. Tbe Court in tbe opinion stated tbe facts as follows: Appellant, Harry Friedling, plaintiff below, instituted a suit against appellee Louis Freedman, otherwise known as Louis Fridman in tbe supreme court of tbe District of Columbia to recover damages for tbe alienation of tbe affections of bis wife. Tbe suit is still pending, awaiting trial. Plaintiff, thereafter, filed tbe present bill in equity to enjoin defendant from…
1Opinion of the CourtJustice Van Orsdel
delivered tbe opinion of tbe Court:
This is not a creditor’s bill to subject tbe property of an absconding debtor to tbe satisfaction of an alleged indebtedness, as in Droop v. Ridenour, 9 App. D. C. 95, tbe case relied *193upon by counsel for appellant. It is an attempt by tbe plaintiff in a pending action in tort for damages to restrain the defendant from selling or disposing of his real estate. A court of equity is without jurisdiction to enjoin such a conveyance by a possible debtor to await the future possibility of a judgment in favor of a creditor whose status, as such, depends upon the…
2Cases cited5 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
- Brown v. . LongSupreme Court of North Carolina · 1840
- Griffin v. NitcherSupreme Judicial Court of Maine · 1869
3Cited by3 opinions
- Capitol Dress Mfg. Co. v. MoranCourt of Appeals for the D.C. Circuit · 1936
- Naumovich v. ReeseCourt of Appeals of Texas · 1952
- Naumovich v. ReeseCourt of Appeals of Texas · 1952