California Supreme Court, 1857

Phelan v. Smith

California Supreme Court · Decided July 1, 1857 · Burnett, Terry

8 Cal. 520

Cases that cite this one

3 later published cases cite this decision.

Harvick v. State (Ark. 1887)
Prugh v. Portsmouth Savings Bank (Neb. 1896)
Territory of Montana v. Duncan (Mont. 1885)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.