8 Cal. 520
Decided July 1, 1857
California Supreme Court · decided 1857-07-01
This was a bill in equity, filed in the Twelfth District Court, to restrain the proceedings of the Circuit Court of the United State, in the case of Peter Smith v. Thorn and others. The defendants demurred to the complaint; the District Court sustained the demurrer, and the plaintiffs appealed.
Cited by 1 later decisions — most recently January 1885
1 state decisions
Cited in Black's (1910)’s definition of “Grand larceny” · Black's (1910)’s definition of “Larceny”
Good law ✅— No negative treatment on recordhow we know
Decided 1857-07-01
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¶1The demurrer was properly sustained, for two reasons.
¶21. A State Court cannot enjoin the proceedings of a Federal Court. 1 Kent, 451.
¶32. A Court of co-ordinate jurisdiction cannot restrain the proceedings of another Court of the same jurisdiction. Ricketts and Wife v. Johnson and others, July, 1857.
¶4Judgment affirmed.