80 F.2d 458 | 5th Cir. | 1935
Appellants were enjoined from prosecuting in the state court the suit they had brought there to reform and recover on, as reformed, an insurance policy which this court, in a law action, had held could not he recovered on as written.
Upon what theory the District Judge enjoined these appellants from doing exactly what the plaintiff in Northern Assurance Company v. Grandview Bldg. Ass’n,
Neither findings as required under Equity Rule 70% (28 U.S.C.A. following section 723)
We think it plain that it is Lehman v. Spurway (C.C.A.) 58 F.(2d) 227. The whole purpose, “the great object of the suit is to enjoin and stop litigation in the State courts, and to bring all the litigated questions before the Circuit Court. This is one of the things which the Federal courts are expressly prohibited from doing.” Haines v. Carpenter, 91 U.S. 254, 257, 23 L.Ed. 345; Wells Fargo & Co. v. Taylor, 254 U.S. 175, 41 S.Ct. 93, 65 L.Ed. 205. The decision of the question whether, as appellee contends, plaintiff has not pleaded a case for reformation, hut is merely trying to relítigate matters already decided, is for the court of the forum he selected. Northern Assurance Co. v. Grandview Bldg. & Loan Ass’n, supra.
But the invoked statute aside, the injunction should not have issued, for there was no equity in the bill. All, in effect, that it alleged was that plaintiff, having failed to obtain a judgment in the law action in
Appellant’s suit does not, as did those cited by appellee,
If appellant’s suit is, as he maintains, within Northern Assurance Co. v. Grandview Bldg. Ass’n, supra, the state courts are competent to give him judgment, notwithstanding the adverse judgment he suffered in the law action. If it is not, the state courts are competent to say so.
The decree is reversed, and the cause is remanded, with directions to dismiss the bill.
Allen v. American Fidelity & Casualty Co. (C.C.A.) 54 F.(2d) 207.
183 U.S. 308, 22 S.Ct. 133, 46 L.Ed. 213.
Grand View Bldg. Ass’n v. Northern Assurance Co., 73 Neb. 149, 102 N.W. 246; Northern Assurance Co. v. Grandview Bldg. Ass’n. 203 U.S. 106, 27 S.Ct. 27, 51 L.Ed. 109.
Los Angeles Gas & Electric Co. v. R. R. Comm., 289 U.S. 287, 300, 327, 53 S.Ct. 637, 77 L.Ed. 1479; State Board of Tax Com’rs v. Jackson, 283 U.S. 527, 51 S.Ct. 540, 75 L.Ed. 1248, 73 A.L.R. 1464; Public Service Comm. v. Northern Indiana Public Service Co., 289 U.S. 703, 53 S.Ct. 527, 77 L.Ed. 1460; Public Service Comm. v. Wisconsin Tel. Co., 289 U.S. 67, 53 S.Ct. 514, 77 L.Ed. 1036.
“Writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.”
Brown v. Pacific Mutual Life Ins. Co. (C.C.A.) 62 F.(2d) 711; Provident Mutual Life Ins. Co. v. Parsons (C.C.A.) 70 F.(2d) 863; Root v. Woolworth, 150 U.S. 401, 14 S.Ct. 136, 37 L.Ed. 1123; Bull v. Adams (C.C.A.) 17 F.(2d) 906; Julian v. Central Trust Co., 193 U.S. 93, 24 S.Ct. 399, 48 L.Ed. 629.