Cole v. Cunningham
Citations
- 133 U.S. 107
- 10 S. Ct. 269
- 33 L. Ed. 538
- 1890 U.S. LEXIS 1895
Syllabus
<p>The Constitution of the Unit eel States, in proper cases, permits equity-courts of one State to control persons within their jurisdiction from prosecuting suits in another State.</p> <p>It is no violation of that provision of the Constitution of the United States which requires that full faith and credit shall be given in each State to the judicial proceedings of every other State, if a court in one State, (in which proceedings have been begun, under a general'insolvent law of the State, to distribute the estate of an insolvent debtor among his creditors,) enjoins a creditor of the insolvent, (who is a citizen of the same State, and subject to the jurisdiction of the court,) from proceeding to judgment and execution in a suit against the insolvent in another State, begun by an attachment of his property there, after knowledge of his embarrassment and actual .insolvency, which property the insolvent law of the State of the debtor’s residence requires him to convey to his assignee in insolvency, for distribution with his other assets — there being nothing in the law or policy of the state in which the attachment is made, opposed . to those of the State of the creditor and of the insolvent,debtor..</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 comity considerations “[do] not reach to the jurisdiction of the court, a rule of comity being a self-imposed restraint upon an authority actually possessed”
- stating that courts of equity have power to enjoin parties within their jurisdiction from prosecuting actions in foreign countries
- upholding state court decree restraining citizen of that state from prosecuting attachment suits begun in another state
- affirming Massachusetts decree restraining Massachusetts citizens from prosecuting attachment actions in New York
- collecting English and early American authorities, as well as state court decisions, for the proposition that courts of equity may enjoin parties from prosecuting actions in other jurisdictions
- presence of parties confers on district court jurisdiction to act
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuller, Miller, Field, Harlan, Bee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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