Harlan v. Morgan

U.S. Court of Appeals for the D.C. Circuit January 3, 1916

Harlan v. Morgan, 44 App. D.C. 332 (D.C. Cir. 1916)

1916 U.S. App. LEXIS 2605

Opinion of the Court

Mr. Chief Justice Shepard

delivered thé opinion of the Court:

The bill does not set out what defenses were relied upon m the action at law.

We áre of the "opinion that the court was right in dismissing the bill.

If "error was committed in the exclusion of his evidence, he had his remedy by an'appeal, which he took and abandoned.

*335There is no ground of equity jurisdiction alleged, and the decree must be affirmed, with costs. Affirmed.

Full Case Name: HARLAN v. MORGAN
Status: Published
Syllabus: Equity; Injunction. A court of equity will not, at tbe instance of tbe defendant in an action at law, enjoin the execution of a judgment against him in that action, from which judgment he took an appeal, which he after-wards abandoned, on the ground that error was committed in the exclusion of evidence on the trial of such action. Note. — As to general equitable jurisdiction to enjoin judgments, see note in 32 L.E.A. 321.