Sullivan v. Algrem

Citations

• 160 F. 366
• 87 C.C.A. 318
• 1908 U.S. App. LEXIS 4194

Syllabus

<p>1. Courts — Conflict of Jurisdiction — Court Which First Acquires Custody Excludes Jurisdiction of Others.</p> <p>The lawful custody of specific property by a court of competent jurisdiction withdraws that property, so far as necessary to accomplish the purpose of that custody and until that purpose is accomplished, from the jurisdiction of every other court.</p> <p>The court which first acquires the lawful jurisdiction of specific property by the seizure thereof, or by the due commencement of a suit, from .which it appears that it is, or will become, necessary to a determination of the controversy involved or to tlie enforcement of its judgment or decree therein for the court to seize, to charge with a lien, to sell, or to exercise other lilce dominion over it, thereby withdraws that property from the jurisdiction of every other court so far as necessary to accomplish the purpose of the suit, and entitles that court to retain the control of it requisite to effectuate its final judgment or decree therein free from the interference of every other tribunal.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 13, Courts, § 1386.]</p> <p>%. Same — Conflict of Dominion to be Avoided, bct Cask to Proceed.</p> <p>When a court of co-ordinato jurisdiction secures by proper process the custody or dominion of specific property, which it is one of the objects of a suit in a federal court to subject to its judgment or decree, the latter suit should not be dismissed, but should be stayed until the proceedings in the court which has obtained the prior custody or dominion are concluded, or ample time for their termination has elapsed, or the custody or dominion is released.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, § 1386.]</p> <p>á. Same — Federal Court Declines to Appoint Receivers oe, ob to Interfere with, Property in Custody of State Courts — Facts.</p> <p>After two suits by different holders of contracts of an insolvent company for a re