Wagner v. Drake
District Court, S.D. Iowa
This is a petition for an injunction to restrain the defendants from the prosecution of certain proceedings in a civil suit originally commenced in the district court of Wapello county. Iowa, but since removed into this court, where said suit is now pending.
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This is a petition for an injunction to restrain the defendants from the prosecution of certain proceedings in a civil suit originally commenced in the district court of Wapello county. Iowa, but since removed into this court, where said suit is now pending. The petition alleges substantially that the original suit was instituted in the state court under the recent prohibition law, for the purpose of restraining the plaintiff by injunction from the use of his property for tho sale of wine and beer; that the property in question was erected and fitted up with proper fixtures and furniture…
1Opinion of the CourtLove, J.
In the case of Suess v. Noble, post, 855, (decided at the present term,) this court .held that no power exists in any court of equity to interfere by injunction with the prosecution and punishment of crimes and offenses in the courts of common law. We are in the present case to consider the relations of the federal to the state courts with respect to the power of the former to restrain proceedings in civil causes in the latter by the process of injunction.
It has always been the theory of the English and American chancery that the court does not, by injunction, interfere with the common-law…
2Cases cited13 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Peck v. JennessSupreme Court of the United States · 1849
- Kern v. HuidekoperSupreme Court of the United States · 1881
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- French v. HaySupreme Court of the United States · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Minneapolis Brewing Co. v. McGillivrayU.S. Circuit Court for the District of South Dakota · 1900
- President of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1893
- Cœur D'Alene Ry. & Nav. Co. v. SpaldingCourt of Appeals for the Ninth Circuit · 1899
- McAlister v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1907
- Pacific Live Stock Co. v. LewisDistrict Court, D. Oregon · 1914
4 more not listed; retrieve them via the Exa API.