Davis Coal & Coke Co. v. Hess

Citations

• 30 Pa. Super. 193
• 1906 Pa. Super. LEXIS 44

Syllabus

<p>Receivers — Judgment—Execution—Federal courts</p> <p>Where a judgment has been obtained in a state court against a receiver of a corporation appointed by a federal court, and an execution has issued on the judgment, an appeal from an order of the state court refusing to make an order staying the execution, will be dismissed, where it appears that before the appeal was taken the receiver applied to the federal court and obtained a restraining order enjoining the plaintiff from proceeding on the judgment. The order of the state court is, under the circumstances, harmless, and the appellate court will leave the parties to their remedies in the court having full equity jurisdiction in the matter.</p> <p>It seems that in such a case the state court has jurisdiction to stay the writ at least until after application has been made to the federal court and leave obtained to proceed with it.</p>