Gooding v. Reid, Murdock & Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Reid, Murdock & Co. and others against Frederick Charles Gooding. From an order granting an injunction, defendant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Reid, Murdock & Co. and others against Frederick Charles Gooding. From an order granting an injunction, defendant appeals. The appeal is from an order of the Circuit Court enjoining appellant, his agents and solicitors, from further prosecuting against appellees a suit at law in the Circuit Court of Cook County (and from instituting and attempting to institute, or prosecute, any suit at law) on account of, or based upon, appellant’s alleged false imprisonment…
1Opinion of the CourtGrosscup, Circuit Judge
nThe equity suit, in which the writ of ne exeat was issued, is still pending. The immediate question before us is whether, pending such suit in equity, an independent action at law for false imprisonment, growing out of the execution of the writ, can and ought to be enjoined; and this question depends largely on whether, as an appropriate process of furthering the jurisdiction and orders of the equity suit, the issuance of a writ of ne exeat is coram non judice.
The chief arguments made against the writ are, that it amounts to imprisonment for debt, and that there is no imprisonment for debt…
2Cases cited4 opinions
- In re RosserCourt of Appeals for the Eighth Circuit · 1900
- Dean v. SmithWisconsin Supreme Court · 1868
- Patterson v. McLaughlinU.S. Circuit Court for the District of District of Columbia · 1806
- Union Mut. Life Ins. v. KelloggU.S. Circuit Court for the District of Eastern Pennsylvania · 1878
3Cited by2 opinions
- Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
- United States v. RobbinsDistrict Court, E.D. Arkansas · 1964