Uhlfelder v. Levy

Citations

• 9 Cal. 607

Syllabus

<p>One Court cannot restrain by injunction the proceedings of another Court of co-ordinate jurisdiction.</p> <p>¡Nor is the rule altered in a case where the suit in equity brings in other parties not included in the action at law sought to be enjoined.</p> <p>The only exception to the rule is where the Court in which the action or proceeding is pending is unable, by reason of its jurisdiction, to afford the relief sought; where several fraudulent judgments are confessed in several Courts, it would not be necessary for a creditor to bring a different suit in each different Court.</p> <p>So, where the provisions of the Code require the action to be tried in a particular county, there would be an exception, as the positive provision of the statute must be carried out.</p> <p>It is the business of the plaintiff to show in his complaint that he comes within the exception.</p> <p>It is a maxim not to be disregarded that general expressions, in every judicial opinion, are to he taken in connection with the case in which those opinions are used.</p>