Russell & Co., S. en C. v. Goico
Russell & Co., S. en C. v. Goico
Opinion of the Court
delivered the following opinion:
There was a suit filed by the defendants in the local court at
On tbe same day tbat tbe record was removed to tbis court a separate bill of complaint was filed in tbe equity case at bar, seeking to enjoin tbe defendants from prosecuting tbeir local law suit. A motion to dismiss was also filed in the present equity suit on August 3d, alleging several grounds for dismissal.
1. Tbe main suit to which tbe present is ancillary is in tbis court 'by removal and jurisdiction bas accordingly attached. Whether tbe local court recognizes tbe removal or not is not material. Foster, Fed. Pr. 5th ed. §§ 548, 554, 589.
2. Pevised Stat. § 720, Comp. Stat. § 1242, forbids an injunction to stay proceedings in a local court except in bankruptcy matters, but tbis does not apply to an injunction in aid of jurisdiction already acquired. It is not material who tries to interfere with tbe jurisdiction of tbe Federal court by some other proceeding. His band will be stayed and bo will be compelled to seek any remedy, which surely will not be denied in a1 proper case, in tbe Federal court. There is therefore no injustice done in any way. Madisonville Traction Co. v. St. Bernard Min. Co. 196 U. S. 239, 49 L. ed. 462, 25 Sup. Ct. Rep. 251.
3. Tbe plaintiff bas not under tbe circumstances of tbis case any adequate or complete remedy at law. Certiorari exists to bring up papers, but there is no need to bring up papers when a bill is filed in equity. Tbe equity proceeding is much more adequate and complete.
4. Several alleged defects ’ are mentioned in tbe motion, but at most they are amendable and would not justify a dismissal. Under tbe local law it may well be tbat tbe plaintiff partnership
Upon the whole, therefore, the reasons alleged for dismissal do not seem to be well taken.
It is so ordered.
Reference
- Full Case Name
- RUSSELL & COMPANY, S. en C., Plff. v. OSVALDO GOICO AND RAMÓN G. GOICO, Dfts.
- Status
- Published