Spink v. Francis

U.S. Circuit Court for the District of Eastern Louisiana

Spink v. Francis

19 F. 670, 1884 U.S. App. LEXIS 2096

CourtU.S. Circuit Court for the District of Eastern Louisiana

DecidedFebruary 20, 1884

StatusPublished

Cited by6 cases

This text of 19 F. 670 (Spink v. Francis) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spink v. Francis, 19 F. 670, 1884 U.S. App. LEXIS 2096 (circtedla 1884).

Pincite

Opinion

Billings, J.

These are hills of complaint, which are, in their general scope, bills for an injunction to prevent interference by criminal procedure. The extent to which such a bill will lie is well defined. It is when the parties sought to be enjoined have, as plaintiffs, submitted themselves to the court by a bill in equity as to the matter or right affected by or involved in the criminal procedure. In such case the court will by a decree, .affecting tlie parties so situated, personally, enjoin. Atty. Gen. v. Cleaver, 18 Ves. 220, 211, note a; Story, Eq. Jur. § 893; Jeremy, Eq. Jur. 308, 309; and 3 Daniell, Ch. Pr. (Perkin’s Ed. 1865,) p. 1721. These cases have been considered upon the ground that the parties defendant in these bills are in this category. As to such parties the bills would be good, but as to no others. The bills do not show this. The demurrers must therefore be sustained, with leave to amend the bills, so as to set forth in a distinct form which of the parties sought to be enjoined have as plaintiffs in civil causes submitted the matter or right involved in or affected by the criminal procedure to this court.

Pardee, J., concurs.

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Billings, J.

These are hills of complaint, which are, in their general scope, bills for an injunction to prevent interference by criminal procedure. The extent to which such a bill will lie is well defined. It is when the parties sought to be enjoined have, as plaintiffs, submitted themselves to the court by a bill in equity as to the matter or right affected by or involved in the criminal procedure. In such case the court will by a decree, .affecting tlie parties so situated, personally, enjoin. Atty. Gen. v. Cleaver, 18 Ves. 220, 211, note a; Story, Eq. Jur. § 893; Jeremy, Eq. Jur. 308, 309; and 3 Daniell, Ch. Pr. (Perkin’s Ed. 1865,) p. 1721. These cases have been considered upon the ground that the parties defendant in these bills are in this category. As to such parties the bills would be good, but as to no others. The bills do not show this. The demurrers must therefore be sustained, with leave to amend the bills, so as to set forth in a distinct form which of the parties sought to be enjoined have as plaintiffs in civil causes submitted the matter or right involved in or affected by the criminal procedure to this court.

Pardee, J., concurs.

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Bluebook (online)

19 F. 670, 1884 U.S. App. LEXIS 2096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spink-v-francis-circtedla-1884.

Opinion

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