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6 Sarat. Ch. Sent. 67

Burgiss v. Smith

New York Court of Chancery

Decided August 6, 1847

New York Court of Chancery · decided 1847-08-06

<p>of a suit in a foreign tribunal.</p> <p>Injunctions to stay proceed’gs in suits in other states.</p>

Decided 1847-08-06

¶1Appeal from an.order of the late vice chancellor of the first circuit denying an application to dissolve an injunction. Decided that this court has jurisdiction, and will entertain a bill of discovery in aid of the prosecution of a civil suit in a sister state, or a foreign tribunal, or in a court of the United States.-

Injunctions to stay proceed’gs in suits in other states.

¶2Held also, that if this court has the power, it must he a verv . r ’ J special case to induce.it to break over the rule of comity and of policy which forbids the granting of an injunction to stay the proceedings in a suit which has already been commenced in a court of competent jurisdiction in a sister state.

¶3Order appealed from reversed; and injunction dissolved with costs.

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