Amusement Syndicate Co. v. El Paso Land Improvement Co.
District Court, W.D. Texas
In Equity. Bill by the Amusement Syndicate Company against the El Paso Band Improvement Company. On motion to stay trial until final determination of a suit in the state court.
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In Equity. Bill by the Amusement Syndicate Company against the El Paso Band Improvement Company. On motion to stay trial until final determination of a suit in the state court. On February 18, 1913, L. M. Crawford, as trustee, filed in the state district court of El Paso county, Tex., his petition against the El Paso Land Improvement Company, praying for a mandatory writ of injunction requiring the defendant in that cause to remove certain rooms, balconies, etc., from a portion of block 2, Mills’ Map, of the city of El Paso, Tex. On March 4, 1913, the defendant in that cause answered said…
1Opinion of the CourtSmith, District Judge
(after stating the facts as above). The question raised by motion of the defendant is whether or not, by reason of conflict of jurisdiction between this court and the stale court, this case should be postponed until after a final decision therein in the state court.
[1] The suit was first brought in the state court. The parties, the issues, the subject-matter, and the relief sought are substantially the same in both courts. Neither has taken actual possession of the res which is the subject of the litigation. Upon this state of facts it is well settled that the court first acquiring…
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