Melville Fuller

“ Justice Story was of opinion that to the doctrine which permits the courts of one state, in proper cases, to enjoin persons within their jurisdiction from instituting legal proceedings in other states, or from further proceeding in actions already begun, there exists the exception that the state courts cannot enjoin parties from proceeding in the courts of the United States, nor the latter enjoin them from proceeding in the former courts,-an exception based upon peculiar grounds of municipal and constitutional law. ”

“ But where the jurisdiction is not concurrent, and the subjectmatter in litigation in the one is not within the cognizance of the other, while actual or even constructive possession may, for the time being, and in order to avoid unseemly collision, prevent the one from disturbing such possession, yet, where there is neither actual nor constructive possession, there is no obstacle to proceeding, and action thus taken cannot be invalidated by relation. ”

“ Ct. 269, that a creditor, who is a citizen and resident of the same state as his debtor, against whom insolvent proceedings have been instituted in such state, is bound by the assignment of the debtor's property in such proceedings, and if he attempts to seize or attach the personal property of the debtor situated in another state, and embraced in the assignment, he may be restrained by injunction by the courts of the state in which he and the debtor reside. ”

“ In the orderly administration of justice, the representatives of such estates should apply to the court which alone has cognizance to ascertain and enforce these exceptional interests in the thing itself, which accompany it wherever it goes, and into whosesoever hands it comes, and which cannot be displaced by the action of other courts in invitum. ”

“ It is jus in re; and 'it has been settled, so long that we know not its beginning, that a suit in the admiralty to enforce and execute a lien is not an action against any particular person to compel him to do or forbear anything, but a claim against all mankind,-a suit in rem, asserting the claim of the libelant to the thing, as against all the world.' The Young Mechanic, 2 Curt. ”

“ Merchants' Bank of Boston, 6 How. 390; The Moses Taylor, 4 Wall. 411; The Hine, Id. 555; The Lottawanna, 21 Wall. 558, 580; Johnson v. Elevator Co., 119 U.S. 388, 397, 7 Sup. Ct. 254; The J. E. Rumbell, 148 U.S. 1, 12, 13 Sup. Ct. 498. As said by Mr. ”