Chipman v. Hibbard

California Supreme Court
Chipman v. Hibbard, 8 Cal. 268 (Cal. 1857)
Burnett, Terry

Chipman v. Hibbard

Opinion of the Court

Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring.

This is a bill in equity for a new trial, in an action of ejectment, on the ground of excessive damages, the remedy by motion for a new trial having been lost, without the fault, as is alleged, of the plaintiff. The ejectment suit was tried in the *271Third District Court, and this bill is filed in the Fourth District Court.

We decided in the late case of Ricketts and Wife v. Johnson and others, that a Court of co-ordinate jurisdiction could not entertain proceedings to restrain the judgments of another. The plaintiffs should have proceeded before the District Court of the Third District.

Judgment affirmed.

Reference

Full Case Name
CHIPMAN v. HIBBARD
Cited By
1 case
Status
Published
Syllabus
Courts of co-ordinate jurisdiction have no power to restrain the judgments of each other.