Phelan v. Smith

8 Cal. 520

• Court: California Supreme Court
• Decided: July 1, 1857
• Status: Published

Opinion

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.