Benoist v. Smith

Citations

• 191 F. 514
• 1911 U.S. App. LEXIS 5532

Syllabus

<p>1. Courts'(§ 493*) — Conflicting Jurisdiction.</p> <p>In personal actions priority of suit as between a federal and state court is determined by the time when the parties are served with process, and not by the date of the filing of the two actions.</p> <p>[Ed. Note. — For other eases, see Courts, Cent. Dig. §§ 1346-1353; Dec. Dig. § 493.*</p> <p>Conflict of jurisdiction of federal courts with state courts, see note to Louisville Trust Co. v. City of Cincinnati, 22 C. C. A. 356.]</p> <p>2. Courts (§ 493*) — Federal and State Courts — Concurrent Jurisdiction-Priority- of Jurisdiction — “Prior Suit.”</p> <p>Defendant brought an action in ejectment in a state court against a nonresident receiver to recover a tract of land, and service was made by publication; the date of last publication being September 23d. Prior to the filing of such action, a bill -had been filed in the federal court by the receiver and others against defendant to quiet title to the same land in complainants, and personal service was made on defendant September 24th. Two of the complainants in such suit claiming title to the land were not parties to the action in ejectment. Held, that the ejectment , action was not a prior suit within the rule that a federal court will ordinarily in its discretion stay proceedings in a suit before.it to await the termination of a prior suit in a state court involving the same matters.</p> <p>[Ed. Note. — For other cases, see Courts, Dee. Dig. § 493.*]</p>