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· 1/20/1919

Cavanaugh v. Looney

Citations

  • 248 U.S. 453
  • 39 S. Ct. 142
  • 63 L. Ed. 354
  • 1919 U.S. LEXIS 2291

Syllabus

<p>The jurisdiction of the federal courts to enjoin the execution of a state law upon the ground of unconstitutionality should be exercised only in clear cases and where intervention is essential to protect rights effectually against injuries otherwise irremediable. P. 456.</p> <p>Appellants sought to enjoin condemnation proceedings under a Texas act, alleging it unconstitutional and that the filing of the petition would cause them irreparable damage by impounding their land, clouding the title and preventing sale pending the proceeding. Held, properly refused, since the apprehension of irreparable loss appeared fanciful and all objections against the act could be raised in the condemnation proceedings. Id.</p> <p>Affirmed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an injunction should issue only when it “is essential in order effectually to protect property rights against injuries otherwise irremediable”

Source: CourtListener parenthetical corpus (CC0).

Judges: McReynolds

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