Legal Opinion

Parks v. Wilcox

Supreme Court of Colorado

Decided April 15, 1883PublishedCited by 6 opinions

Appeal from, District Court of Lake County. The case is stated in the opinion.

1Opinion of the CourtStone, J.

Where different courts possess concurrent jurisdiction in respect of the same subject matter, as a general rule, that court to which jurisdiction, by legal proceedings, has first attached, is entitled to proceed therein without interference by another court. This rule applies as well as between state and federal courts as between courts of the same state.

The application of this rule is decisive of the question presented for determination in the case at bar.

A creditor of Freudenfelt & Jelanko, a failing firm in Leadville, sued the firm in the circuit court of the United States for the district…

2Cases cited5 opinions

  1. Freeman v. HoweSupreme Court of the United States · 1861
  2. James L. v. CarrylSupreme Court of the United States · 1858
  3. Ex parte HolmanSupreme Court of Iowa · 1869
  4. Eaton v. WhiteWisconsin Supreme Court · 1864
  5. Feusier v. LammonNevada Supreme Court · 1870

3Cited by6 opinions

  1. Wilde v. RawlesSupreme Court of Colorado · 1889
  2. Carpenter v. InnesSupreme Court of Colorado · 1891
  3. Johnson v. JonesSupreme Court of Colorado · 1891
  4. Cantril v. BabcookSupreme Court of Colorado · 1887
  5. Peters v. BowersSupreme Court of Colorado · 1916

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