Griesa v. Mutual Life Ins. Co. of New York

Citations

• 165 F. 48
• 91 C.C.A. 86
• 1908 U.S. App. LEXIS 4723

Syllabus

<p>Appeal and Error (§ 71*) — Interlocutory Order in Equity “Staying” Proceedings at Law — Appeal to Circuit Court of Appeals.</p> <p>When, upon a bearing in equity in tbe Circuit Court, in a suit tbe parties to which include all the parties to an action at law pending in that court, an interlocutory order is granted “staying” further proceedings in the law action, on the theory that the two cases embrace a controversy which should be. litigated to a final and complete determination in the suit in. equity, to the exclusion of any proceedings at law, the order, although not using the technical words “restrain and enjoin,” and not in terms ’ directed against the plaintiffs in the action at law, is in purpose and effect an order granting an injunction, within the meaning of section .7 of the act creating the Circuit Court of Appeals (Act March 3, 1891, c. 517, 20 Stat. 828 [U. S. Comp. St. 1901, p. 550]), as amended by Act April 14, 1906, e. 1027, 34 Stat. 116 (U. S. Comp. St. Supp. 1907, p. 208), and an appeal from such order lies to that court.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 394; Dec. Dig. §'7L*]</p> <p>(Syllabus by tbe Court.)</p>