Moss & Co. v. McCarthy

Citations

• 191 F. 202
• 1911 U.S. App. LEXIS 5522

Syllabus

<p>1. Injunction (§ 105*) — Scope of Relief — Institution and Peosecution of Ceiminal Citabges.</p> <p>Where a bill to enjoin the enforcement by municipal authorities of an ordinance against bucket shops, while nominally against certain threatened acts of the mayor and chief of police, was in reality a bill to restrain the- institution and prosecution of criminal charges against complainant, or its servants, agents, and patrons, for misdemeanors created by the ordinance, it was unsustainable under the rule that equity has no general power to interfere to stay criminal proceedings unless instituted iby a party to a suit already pending before it, and to try the same right that is in issue there, or to prohibit the invasion of the rights of property by the enforcement of an unconstitutional law.</p> <p>[Ed. Note. — Eor other cases, see Injunction, Cent. Dig. §§ 178, 179; Dec. Dig. § 105.*</p> <p>Restraining criminal proceedings, see note to Arbuckle v. Blackburn, 51 C. C. A. 133.]</p> <p>2. Injunction (§ 105*) — Criminal Proceedings — Equity Jurisdiction — Invasion of Property Rights.</p> <p>Where a suit was instituted against the municipal authorities of a city to restrain the enforcement of a criminal ordinance prohibiting bucket shops, an allegation that complainant had invested large sums of money in renting and fitting up offices in such city and elsewhere, and that the defendant mayor had stated and threatened that he would destroy complainant’s business, and that the chief of police had threatened to enforce the ordinance by making a raid on plaintiff’s place of business and arresting plaintiff’s patrons and tearing down the office appurtenances, etc., not within the contemplation of the ordinance, was insufficient to justify equitable relief on the theory that an injunction was necessary to restrain a threatened invasion of property rights.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. § 177; Dec. Dig. § 105.*]</p> <p>3. Injunction (§ 105*) —