Nelson v. Camp

Citations

• 191 F. 712
• 112 C.C.A. 302
• 1911 U.S. App. LEXIS 4977

Syllabus

<p>1. Courts (§ 508*)' — Conflicting Jurisdiction — Federal and State Courts —Restraining Proceedings in State Court.</p> <p>Complainant commenced a suit in a federal court to foreclose a lien on the wood and stumps on certain lands, given by a contract for the sale to defendants of such wood and stumps to secure payment of the purchase price. Pending such suit and before answer therein, complainant brought an action at law by attachment in a state court for breach of another contract for the sale to defendants of the timber on some of the same lands. Defendants appeared in such action and pleaded a counterclaim, and afterward by cross-bill set up the same claims in the suit in the federal court. Held, that the two causes of action being separate and distinct, and the issues in the state court such as it could try and dispose of without interfering with the suit in the federal court, the latter was without jurisdiction to enjoin the further prosecution of the action in the state court under Rev. St. § 720 (U. S. Comp. St. 1901, p. 581), which prohibits the granting of such an injunction except under a bankruptcy law.</p> <p>[Ed. Note. — For. other cases, see Courts, Cent. Dig. §§ 1418-1430; Dee. Dig. § 508.*</p> <p>Enjoining proceedings in state courts, see notes to Garner v. Second Nat. Bank, 16 C. C. A. 90; Central Trust Co. v. Grantham, 27 C. C. A. 575; Copeland v. Bruning, 63 C. C. A. 437.]</p> <p>2. Courts (§ 508*) — Conflicting Jurisdiction--Federal and State Courts —Restraining Proceedings in State Court.</p> <p>Rev. St. § 720 (U. S. Comp. St. 1901. p. 581). which provides that an injunction shall not be granted by any court of the United States to stay proceedings in aiiy court of a state, except in cases relating to proceedings in bankruptcy, applies in all cases where a question of right or claim to relief can be settled or decided in a state court without interfering with tile possession or jurisdiction of a federal court previously acquired.</p> <p>[Ed.