Schindelholz v. Cullum
Court of Appeals for the Eighth Circuit
Appeal from tbe Circuit Court of the United States for the District of Colox*ado. In Equity. Bill by Henry B. Cull urn, receiver of the Wendling Cattle & Land Company, against Anton ScMndelholz and John <}. Benldeman, to enjoin them from enforcing certain judgment liens against the lands of the company. An injunction was granted by the court below, and defendants appeal.
1Opinion of the CourtThayer, District Judge
It is a doctrine which has recently been approved by the supreme court of the United States that the courts of one state or sovereignty have authority over their own citizens to restrain them from prosecuting suite by attachment in a foreign jurisdiction against other citizens of the home state or sovereignty, when the maintenance of such suit in the foreign jurisdiction is contrary to equity and good conscience, and tends to defeat the policy of local insolvent laws. The authority in question is said to he a part of the inherent power of a court of chancery over persons subject to its…
2Cases cited15 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Booth v. ClarkSupreme Court of the United States · 1855
- Phelps v. McDonaldSupreme Court of the United States · 1879
- Miller v. SherrySupreme Court of the United States · 1865
- Warner v. . JaffrayNew York Court of Appeals · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baltimore Building & Loan Ass'n v. AldersonCourt of Appeals for the Fourth Circuit · 1898
- Primos Chemical Co. v. Fulton Steel Corp.District Court, N.D. New York · 1918
- Stewart v. LabereeCourt of Appeals for the Ninth Circuit · 1911
- Central Trust Co. of New York v. BenedictCourt of Appeals for the Eighth Circuit · 1897
- Schwartz v. RandolphCourt of Appeals for the Fourth Circuit · 1934