D. E. Loewe & Co. v. Lawlor

Citations

• 130 F. 633
• 1904 U.S. App. LEXIS 4839

Syllabus

<p>1. Abatement — Pendency oe Action in State Court — Identity.</p> <p>The pendency of a suit in a state court cannot be pleaded in abatement of an action in a Circuit Court of the United States to recover treble damages under section 7 of the anti-trust act (Act July 2, 1890, c. 647, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202]), since the state court is without jurisdiction to enforce the remedy given by said section, and therefore the same case cannot be depending in both courts.</p> <p>2. Attachment — Grounds eor Dissolution — Prior Attachment in State Court.</p> <p>Where the state statute provides for successive attachments of the same property, a prior attachment in a state court affords no ground for the discharge of an attachment in a federal court.</p> <p>1Í1. Pendency of action in state or federal court as ground for abatement of action in the other, see note to Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co., 47 C. C. A. 205.</p>