Ferriday v. Middlesex Banking Co.

Citations

• 118 La. 770
• 43 So. 403
• 1906 La. LEXIS 852

Syllabus

<p>1. Removal of Causes — Effect — Stax of Proceedings in State Court.</p> <p>The court was asked in this case to stay proceedings in a suit filed by the plaintiffs in the Tenth judicial district court for Concordia, until a judgment which had been rendered against the latter, as plaintiffs in the United states District Court for the Western district of Louisiana, on the same cause of action, became final, or until the delays for an appeal from that judgment should have expired. The court, for reasons assigned, declines to stay the proceedings, leaving the legal rights and remedies of the parties to be determined hereafter without interference on its part under its supervisory powers.</p> <p>(Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Removal of Causes, § 209.]</p> <p>Breaux, C. J., dissenting.</p> <p>On Rehearing.</p> <p>2. Same — Case Removed.</p> <p>In accordance with an order entered- in the state court, the cause was removed to the federal court.</p> <p>3. Same — Appearance.</p> <p>All parties had notice. The plaintiffs were parties, and appeared in the latter court.</p> <p>4. Same — Jurisdiction Extends to Satisfaction oe Judgment.</p> <p>The federal court, in the present state of the case, having jurisdiction, retains the. cause until jurisdiction is exhausted. One court having jurisdiction excludes the other. Under well-established rule of comity, conflict in jurisdiction is avoided.</p> <p>5. Same — No Final Action can be Taken in State Court at Present.</p> <p>The proceedings in the state court are stayed.</p> <p>Nicholls, J., dissenting.</p> <p>(Syllabus by the Court.)</p>