233 P. 159 | Colo. | 1925
THE defendants in error were plaintiffs below and obtained a decree which, among other things, enjoined defendants from continuing the prosecution of certain actions which originated in the federal court of this district and are now in the Circuit Court of Appeals. The case was brought to this court on error and affirmed,
On discovering it, they moved the court below to amend the decree so as not to enjoin the procedure in the federal court. The motion was denied. The case is brought here for review and it is moved that we direct the amendment because the injunction against procedure in the courts of the United States is void.
The defendants in error say that though ordinarily an injunction against procedure in the federal court is void, that it is not so where the state court first begins the exercise of jurisdiction over the subject matter of the litigation, and that it did so in this case.
That in general such an injunction as the present is void, has been held by the highest authority. Central Nat.Bank v. Stevens,
The complaint in the present action alleges that there was a former action between the parties, see
The motion is denied and the action of the district court affirmed. *547