The Constitution of the United States of America: Analysis and Interpretation / Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

by Unknown

[655] Riehle v. Margolies, 279 U.S. 218 (1929); Harkin v. Brundage, 276 U.S. 36 (1928); Wabash R. Co. v. Adelbert College, 208 U.S. 38 (1908); Harkrader v. Wadley, 172 U.S. 148 (1898); Central National Bank v. Stevens, 169 U.S. 432 (1898); Shields v. Coleman, 157 U.S. 168 (1895); Moran v. Sturges, 154 U.S. 256 (1894); Krippendorf v. Hyde, 110 U.S. 276 (1884); Covell v. Heyman, 111 U.S. 176 (1884); Watson v. Jones, 13 Wall. 679 (1872); Buck v. Colbath, 3 Wall. 334 (1866); Freeman v. Howe, 24 How. 450 (1861); Orton v. Smith, 18 How. 263 (1856); Taylor v. Carryl, 20 How. 583 (1858); Peck v. Jenness, 7 How. 612 (1849). For later cases see Toucey v. New York Life Ins. Co., 314 U.S. 118 (1941). Princess Lida of Thurn & Taxis v. Thompson, 305 U.S. 456 (1939); Brillhart v. Excess Ins. Co., 316 U.S. 491 (1942); Mandeville v. Canterbury, 318 U.S. 47 (1943); Markham v. Allen, 326 U.S. 490 (1946); Propper v. Clark, 337 U.S. 472 (1949).

[656] McKim v. Voorhies, 7 Cr. 279 (1812); Duncan v. Darst, 1 How. 301 (1843); United States ex rel. Riggs v. Johnson County, 6 Wall. 166 (1868); Moran v. Sturges, 154 U.S. 256 (1894); Farmers' Loan & Trust Co. v. Lake St. Elev. R. Co., 177 U.S. 51 (1900)

[657] 6 Wall. 166 (1868).

[658] Princess Lida of Thurn & Taxis v. Thompson, 305 U.S. 456 (1939). This case rests on the principle of comity that where there are two suits in rem or quasi in rem, as they were held to be here, so that the Court has possession of property which is the subject of litigation or must have control of it in order to proceed with the cause and grant the relief sought, the jurisdiction of one court must yield to that of the other. The principle, applicable to both federal and State courts, that the Court first assuming jurisdiction over property may maintain and exercise that jurisdiction to the exclusion of the other, was held not to be confined to cases where the property has actually been seized under judicial process, but applies as well to suits brought for marshalling assets, administering trusts, or liquidating estates and to suits of a similar nature, where to give effect to its jurisdiction the Court must control the property.

[659] 1 Stat. 335 (1793); 28 U.S.C.A. § 2283. In the judicial code an exception is made to proceedings in bankruptcy.

[660] Diggs v. Wolcott, 4 Cr. 179 (1807); Orton v. Smith, 18 How. 263 (1856); see especially Peck v. Jenness, 7 How. 612 (1849) where the Court held that the prohibition of the act of 1793 extended to injunction suits brought against the parties to a State court proceeding as well as to the State court itself.

[661] Freeman v. Howe, 24 How. 450 (1861); Julian v. Central Trust Co., 193 U.S. 93 (1904); Riverdale Cotton Mills v. Alabama & Georgia Mfg. Co., 198 U.S. 188 (1905); Looney v. Eastern Texas R. Co., 247 U.S. 214 (1918).

[662] Farmers' Loan & Trust Co. v. Lake St. Elev. R. Co., 177 U.S. 51 (1900); Riverdale Cotton Mills v. Alabama & Georgia Mfg. Co., 198 U.S. 188 (1905); Julian v. Central Trust Co., 193 U.S. 93 (1904); Kline v. Burke Construction Co., 260 U.S. 226 (1922). For a discussion of this rule see Toucey v. New York Life Ins. Co., 314 U.S. 118, 134-136 (1941).

[663] Ex parte Young, 209 U.S. 123 (1908), is the leading case.

[664] Arrowsmith v. Gleason, 129 U.S. 86 (1889); Marshall v. Holmes, 141 U.S. 589 (1891); Simon v. Southern R. Co., 236 U.S. 115 (1915).