concurrent jurisdiction rule
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 59 U.S. 263 - John Orton v. George Smith · 1855Most cited · 139 citing opinions
It is a rule absolutely necessary to be observed by courts who have a concurrent jurisdiction, that in all cases 'where the jurisdiction of a court and the right of a plaintiff to prosecute his suit in it have once attached, that right cannot be arrested or taken away by proceedings in another court.' This rule, it is said, 'has its foundation not merely in comity, but in necessity. If one may enjoin, the other may retort by injunction, and thus the parties be without remedy.