Wabash Railroad v. Adelbert College of the Western Reserve University

Citations

• 208 U.S. 609
• 28 S. Ct. 425
• 52 L. Ed. 642
• 1908 U.S. LEXIS 1472

Syllabus

<p>Petition for rehearing and motion to modify judgment in this case, ante, p/38, denied and further held in this case that:</p> <p>Where property is in possession and under the control of the Federal court, the declaration of a lien upon that property is a step toward the invasion of the courtfs possession thereof and is equally beyond the jurisdiction of the state court as an order for the sale of the property to satisfy the lien would be.</p> <p>In a proceeding in the state court, the ascertainment of the amount due, whether judgment can be rendered, and the issuing of execution against a corporation, whose property is under the control of the Federal court, are questions exclusively for the state court and may be regarded as independent of the proceedings for the enforcement of the lien.’</p> <p>Where claims are presented for adjudication to the Circuit Court against property in its possession and there are conflicting decisions of the state arid Federal courts as to the rights of the parties, the Circuit Court must first determine which decision it will follow. This court cannot pass upon that question until it is properly before it.</p>