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" This, as a general rule, is true. But there are exceptions. When such indictment or proceeding is brought to enforce an alleged unconstitutional statute, which Is the subject-matter of inquiry in a suit already pending in a federal court, the latter court,... "
The Doctrine of Non-suability of the State in the United States - Side 92
av Karl Singewald - 1910 - 117 sider
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1908 - 632 sider
...court which has first obtained jurisdiction thereover; and under such circumstances the Federal court has the right in both civil and criminal cases to...jurisdiction to the exclusion of all other courts. Ib. 3. Of offenses committed in post offices. Under § § 711 and 5339, Rev. Stat., the United States...
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Supreme Court Reporter, Volum 28

United States. Supreme Court - 1908 - 802 sider
...over the subject-matter, has 'the right,* in both civil and criminal cases, to hold and maintain each jurisdiction, to the exclusion of all other courts, until its duty is fully performed. Prout v. Starr, 188 US 537642-644, 47 L. ed. 684-586, 587, 23 Sup. Ct. Rep. 398. But...
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A Treatise on Franchises: Especially Those of Public Service Corporations ...

Joseph Asbury Joyce - 1909 - 1272 sider
...indictment or otherwise, under the state law. This, as a general rule, is true. But there are exceptions. When such indictment or proceeding is brought to enforce...the exclusion of all other courts, until its duty is fully performed. Prout v. Starr, 188 US 537, 544, 47 L. ed. 584, 23 Sup. Ct. 398. But the Federal court...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 122

Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler - 1910 - 836 sider
...indictment or otherwise, under the State law. This, as a general rule is true. But there are exceptions. When such indictment or proceeding is brought to enforce...the exclusion of all other courts, until its duty is fully performed. Prout v. Starr, 188 US, 537, 544, 23 Sup. Ct., 398, 47 L. Ed., 584. But the federal...
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Actions by and Against Corporations at Law and in Equity: Embracing Also ...

Joseph Asbury Joyce - 1910 - 962 sider
...Court which has first obtained jurisdiction thereover; and under such circumstances the Federal Court has the right in both civil and criminal cases to...jurisdiction to the exclusion of all other courts. 75 So where a bill was brought against a number of district attorneys to enjoin them from instituting...
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Federal Anti-trust Decisions, Volum 10

United States. Courts - 1928 - 1244 sider
...pending in a Federal court, the latter court having first obtained jurisdiction over the subject matter, has the right, in both civil and criminal cases, to...the exclusion of all other courts, until its duty is fully performed. Provi T. Starr, 188 US 537, 544. But the Federal court cannot, of course, interfere...
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Lawyers' Reports Annotated, Bok 44

1913 - 1324 sider
...indictment or otherwise, under the state law. This, as a general rule, is true. Rut there are exceptions. When such indictment or proceeding is brought to enforce...the exclusion of all other courts, until its duty is fully performed. Prout v. Starr, 188 V. 8. 637J 47 L. ed. 584, 23 Sup. Ct. Rep. 398. But the Federal...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1920 - 740 sider
...indictment or otherwise, under the state law. This, as a general rule, is true. But there are exceptions. When such indictment or proceeding is brought to enforce...the exclusion of all other courts, until its duty Is fully performed. Prout v. Starr, 188 US 537, 544 [23 Sup. Ct. 308, 47 L. Ed. 584]'. But the federal...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volum 27

William Mark McKinney, Burdett Alberto Rich - 1920 - 1544 sider
...seq. 40 federal court, the latter court, having first obtained jurisdiction over the subject matter, has the right, in both civil and criminal cases, to...the exclusion of all other courts, until its duty is fully performed.9 46. Possession of Subject Matter of Controversy; Custody of Person. — The general...
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A Treatise on Federal Practice, Civil and Criminal, Including ..., Volum 1

Roger Foster - 1920 - 1170 sider
...Federal court, the latter, having first obtained jurisdiction over the subject matter, has the right to hold and maintain such jurisdiction to the exclusion of all other courts, until its duty is fully performed; but it cannot interfere where the proceedings were pending in the State court before...
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