California Supreme Court, 1857

Phelan v. Smith

Phelan v. Smith
California Supreme Court · Decided July 1, 1857 · Burnett, Terry
8 Cal. 520

Phelan v. Smith

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.

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