Anthony v. Dunlap

California Supreme Court

Anthony v. Dunlap

8 Cal. 26, 1857 Cal. LEXIS 277

CourtCalifornia Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by14 cases

This text of 8 Cal. 26 (Anthony v. Dunlap) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony v. Dunlap, 8 Cal. 26, 1857 Cal. LEXIS 277 (Cal. 1857).

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Opinion

Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

This was a bill in equity filed in the Fifth District Court, to enjoin the execution of a judgment obtained in the Sixth District.

We have before decided, that one Court had no power to interfere with the judgments and decrees of another Court of concurrent jurisdiction. The only case in which it will bo allowed, is where the Court in which the action or proceeding is pending, is unable by reason of its jurisdiction to afford the relief sought. Any other rule would lead to inextricable confusion.

Judgment affirmed.

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Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

This was a bill in equity filed in the Fifth District Court, to enjoin the execution of a judgment obtained in the Sixth District.

We have before decided, that one Court had no power to interfere with the judgments and decrees of another Court of concurrent jurisdiction. The only case in which it will bo allowed, is where the Court in which the action or proceeding is pending, is unable by reason of its jurisdiction to afford the relief sought. Any other rule would lead to inextricable confusion.

Judgment affirmed.

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Bluebook (online)

8 Cal. 26, 1857 Cal. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-dunlap-cal-1857.

Opinion

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