Crowley v. Davis

Citations

• 37 Cal. 268

Syllabus

<p>Restraining Execution op Judgment.—Under our judicial system, one Court has no power to enjoin the execution of a decree of another Court of co-ordinate jurisdiction, unless it plainly appears that the Court rendering the decree under which proceedings are sought to be stayed is unable, by reason of its jurisdiction, to afford the relief sought. Proceedings for such purpose should always be instituted in the Court rendering the judgment or decree the execution of which is sought to be restrained.</p> <p>Idem.—The fact that the parties to the injunction proceeding are not the same as the parties to the judgment sought to be restrained, does not relieve the case from the operation of the rule, nor will the consent of parties take a case out from the operation of this rule, which was established and enforced to protect the rights of Courts rather than of parties, to avoid conflict of jurisdiction, and to prevent confusion and delay in the administration of justice.</p>