French v. Hay,
Annotate this Case
89 U.S. 250 (1874)
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U.S. Supreme Court
French v. Hay, 89 U.S. 22 Wall. 250 250 (1874)
French v. Hay
89 U.S. (22 Wall.) 250
When, in a case which is properly removed from a state court under one of the acts of Congress relating to removals into the circuit court of the United States, a complainant getting a decree in the circuit court of the United States and sending a transcript of it into another state, sues the defendant on it there, the circuit court into which the case is removed may enjoin the complainant from proceedings in any such or other distant court until it hears the case, and if, after hearing, it annuls the decree in the state court and dismisses, as wanting in equity, the bill on which the decree was made, may make the injunction perpetual.
On the 3d of February, 1870 -- that is to say, six weeks after the decree for $2,389 (leaving the matter of furniture open) for rents mentioned in the former case [Footnote 1] as having been given, 23d of December, 1869, in the County Court of Alexandria in favor of James French, the trustee, against Alexander Hay, the said French sent a transcript of the decree to Philadelphia, the place of Hay's residence, and sued Hay on it in one of the local courts there. Hay had, two days before the transcript was sued on -- that is to say, on the 1st of February, 1870 -- made the affidavits requisite to remove the case into the circuit court of the United States under the act of Congress, though the case was not yet actually removed, nor indeed removed until the 12th following.
On the transcript just mentioned, from the state court, French got a judgment against Hay in the local court at Philadelphia March 21st, 1871, and Hay at once [Footnote 2] took the case on error to the Supreme Court of Pennsylvania, where he had it now pending.
Before the other side could get that court to proceed in the case, Hay [Footnote 3] filed a bill -- the present bill -- in the court below -- the Circuit Court for the Eastern District of Virginia -- into which he had, before this time and with a view of vacating all that had been done there, removed the case from the County Court of Alexandria, in which French as trustee had got the decree against him for rents, and was about proceeding for the furniture, and in his said now bill prayed for and at once obtained a preliminary injunction to restrain French from proceeding further in Pennsylvania or elsewhere to collect his decree in the County Court of Alexandria on the transcript. And the said circuit court having at a later date [Footnote 4] annulled that decree and dismissed the bill on which it was founded (a course of action which this Court in the last preceding case approved and affirmed) proceeded now, [Footnote 5] after answer put in and testimony taken, to make perpetual the preliminary injunction which it had previously granted restraining French from suing in Pennsylvania or elsewhere on the transcript of the decree so ultimately, with the affirmance of this Court, annulled as aforesaid.
From this its action French took this appeal.