Phelan v. Smith
California Supreme Court Jul 1, 1857Published
Before: Burnett, Terry
Synopsis
A State Court cannot enjoin the proceedings of a Federal Court.
One Court cannot restrain the proceedings of another Court of co-ordinate, jurisdiction.
Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring. The demurrer was properly sustained, for two reasons.
1. A State Court cannot enjoin the proceedings of a Federal Court. 1 Kent, 451.
2. A Court of co-ordinate jurisdiction cannot restrain the proceedings of another Court of the same jurisdiction. Ricketts and Wife v. Johnson and others, July, 1857.
Judgment affirmed.
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