Burgiss v. Smith

6 Sarat. Ch. Sent. 67

• Court: New York Court of Chancery
• Decided: August 6, 1847
• Status: Published

Opinion

Appeal from an.order of the late vice chancellor of the first circuit denying an application to dissolve an injunction. Decided that this court has jurisdiction, and will entertain a bill of discovery in aid of the prosecution of a civil suit in a sister state, or a foreign tribunal, or in a court of the United States.-

Injunctions to stay proceed’gs in suits in other states.

Held also, that if this court has the power, it must he a verv . r ’ J special case to induce.it to break over the rule of comity and of policy which forbids the granting of an injunction to stay the proceedings in a suit which has already been commenced in a court of competent jurisdiction in a sister state.

Order appealed from reversed; and injunction dissolved with costs.