Miller v. Gittings

Citations

• 85 Md. 601
• 37 L.R.A. 654
• 37 A. 372
• 1897 Md. LEXIS 79

Syllabus

<p>Injunction Restraining Prosecution of Suit in Another State by one Citizen of this State Against Another — Gaming Contract — jurisdiction of Equity.</p> <p>The prosecution of a suit instituted in another State by a citizen of this State against another citizen of this State will be enjoined when the foreign forum was selected for the purpose of depriving the defendant of benefits secured to him by the law of this State and of obtaining an unfair advantage.</p> <p>The Courts of Equity of this State have jurisdiction to compel the citizens of this State to respect its laws even beyond its territorial limits, and will restrain its citizens from prosecuting suits in other States, instituted there for the purpose of evading the law of this State.</p> <p>A bill of complaint set forth that there were certain gambling transactions in stocks between the plaintiff, a stock broker, and the defend- . ants, by which plaintiff became indebted to the defendants ; that the validity of these transactions, which took place in this State, was to be determined by the law of this State and by that law were void; that the defendants for the purpose of evading this law and of obtaining an oppressive and inequitable advantage, and also for the purpose of evading the provision of the Constitution of this State forbidding imprisonment for debt, instituted a suit, upon false statements of fact, against the plaintiff in New York, under which plaintiff was there arrested and held to bail. Held, that if these allegations be sustained the prosecution of the suit in New York should be restrained.</p> <p>In such case the fact that one of the parties against whom the suit was instituted in New York was a resident of that State and a partner of the other defendant, who resided in this State, does not deprive the Court of jurisdiction to restrain the action. *</p>