Lang v. Choctaw, Oklahoma & Gulf R.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from an order which granted a temporary injunction against the prosecution by certain judgment creditors of a suit in the chancery court of Crittenden county, in tho state of Arkansas, to subject a railroad and its appurtenances, which were owned by the complainant, the Choctaw, Oklahoma & Gulf Railroad! Company, under a decree of foreclosure rendered by tho United…
Read the full summary
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from an order which granted a temporary injunction against the prosecution by certain judgment creditors of a suit in the chancery court of Crittenden county, in tho state of Arkansas, to subject a railroad and its appurtenances, which were owned by the complainant, the Choctaw, Oklahoma & Gulf Railroad! Company, under a decree of foreclosure rendered by tho United States Circuit Court for the District of Arkansas, to a lien alleged to be paramount to tbe mortgage foreclosed and to…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The concurrent jurisdiction in this country of many courts, national and state, and the conflict, confusion, and uncertainty that their simultaneous exercise of their powers over the same subject-matter would entail, have caused the adoption of this salutary rule of practice and administration, the strict observance of which comity, courtesy, and necessity alike demand. The legal custody of specific property by one court of competent jurisdiction withdraws it, so far as necessary to accomplish the purpose of that custody, until that purpose is completely…
2Cases cited27 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
- Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- St. Louis-San Francisco Ry. Co. v. McElvainDistrict Court, E.D. Missouri · 1918
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- State ex rel. Parsons Mining Co. v. McClureNew Mexico Supreme Court · 1913
27 more not listed; retrieve them via the Exa API.