Phelan v. Smith

California Supreme Court July 1, 1857

Phelan v. Smith, 8 Cal. 520 (Cal. 1857)

Burnett, Terry

Opinion of the Court

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

The demurrer was properly sustained, for two reasons.

1. A State Court cannot enjoin the proceedings of a Federal Court. 1 Kent, 451.

2. 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.

Judgment affirmed.

Reference

Full Case Name: PHELAN v. SMITH
Cited By: 3 cases
Status: Published
Syllabus: A State Court cannot enjoin the proceedings of a Federal Court. One Court cannot restrain the proceedings of another Court of co-ordinate, jurisdiction.