Sproehnle v. Dietrich

Citations

• 110 Ill. 202

Syllabus

<p>1. Conflict of jurisdiction— between State and Federal courts— abuse of process. A bill will not lie in the State courts to set aside a sale of land on execution issued upon a judgment in the Circuit Court of the United States, and have the marshal’s certificate of purchase declared void, and a cloud upon the complainant’s title, and to have the same delivered up for cancellation. The remedy in such a case is in the Federal court, to avoid any conflict of jurisdiction.</p> <p>2. The Federal courts are the proper tribunals to apply to for redress when there has been an abuse of their process. This is the better rule, certainly, so long as anything remains to be done by those courts, or any of their officers, to carry into effect the object and purposes of the litigation commenced in them.</p>