| Alabama. Supreme Court - Law reports, digests, etc - 1893 - 776 pages
...correct or otherwise, its judgment, till reversed, is regarded as binding in every other court; and where the jurisdiction of a court, and the right of a plaintiff to prosecute his suit in It, has once attached, that right can not be arrested or taken away by proceedings in any other court.... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1901 - 892 pages
...Eng. Encyc. Law, 2!)2. The Supreme Court of the United States, referring to the same subject, say: "These rules have their foundation, not merely in comity but on necessity. For if one court may enjoin, the other may retort by injunction ; and thus the parties be without remedy, being... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1898 - 878 pages
...of a court and the right of [Troy Fertilizer Oo. v. Prestwood.] a plaintiff to prosecute in it, lias once attached, that right cannot be arrested or taken away by proceedings in any other court," is directly applicable. — (lny, Hardie it Co. v, Brierfield C.&I. C'o., 94 Ala.... | |
| United States. Supreme Court - Law reports, digests, etc - 1858 - 676 pages
...jurisdiction of the- court and the right of the plaintiff to Taylor et al. v. Carryl. prosecute his suit has once attached, that right cannot be arrested or taken away by proceedings in another suit. These rules have their foundation not merely in comity, but in necessity; for if one may enjoin,... | |
| United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...as binding in every court; and that where the jurisdiction of a court, and the right of aplaintiff to prosecute his suit in it, have once attached, that...arrested or taken away by proceedings in another court." "Neither can one take the property from the custody of the other by replevin, or any other process;... | |
| United States. Supreme Court - Law reports, digests, etc - 1870 - 852 pages
...has jurisdiction it has a right to decide every question which occurs in the cause ; . . . and that where the jurisdiction of a court, and the right of a plaintiff to prosecute his suit in it, have ever attached, that right cannot be arrested or taken away by proceedings in another court. These rules... | |
| Law - 1868 - 894 pages
...a foreign forum, in every way its equal. The District Court has no supervisory power over it. When the jurisdiction of a court, and the right of a plaintiff...rules have their foundation not merely in comity, but in necessity. For if one may enjoin the other may retort by injunction, and thus the parties be without... | |
| United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 1870 - 670 pages
...a foreign forum, in every way its equal. The district court has no supervisory power over it. When the jurisdiction of a court, and the right of a plaintiff...rules have their foundation not merely in comity, but in necessity. For if one may enjoin, the other may retort by injunction, and thus the parties would... | |
| Nathan Howard (Jr.) - Civil procedure - 1870 - 680 pages
...there could not be language more in point to the case at bar than this language. Again, he says: "When the jurisdiction of a court, and the right of a plaintiff...rules have their foundation, not merely in comity but in necessity." Again, be says: "neither can one take property from the custody of the other by replevin... | |
| United States. Supreme Court - Courts - 1870 - 840 pages
...has jurisdiction it has a right to decide every question which occurs in the cause ; . . . and that where the jurisdiction of a court, and the right of a plaintiff to prosecute his suit in it, have ever attached, that right cannot be arrested or taken away by proceedings in another court. These rules... | |
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