Stanley Matthews, Heidritter v. Elizabeth Oil-Cloth Company…
“ It simply requires, as a matter of necessity, and therefore of comity, that when the object of the action requires the control and dominion of the property involved in the litigation, that court which first acquires possession, or that dominion which is equivalent, draws to itself the exclusive right to dispose of it, for the purposes of its jurisdiction. ”
Stanley Matthews, Heidritter v. Elizabeth Oil-Cloth Company…
“ This view, though decisive of the case and resulting in the affirmance of the judgment of the circuit court, proceeds upon assumptions the most favorable which can be indulged to the plaintiff in error. It is merely an application of the familiar and necessary rule, so often applied, which governs the relation of courts of concurrent jurisdiction, where, as is the case here, it concerns those of a state and of the United States, constituted by the authority of distinct governments, though exercising jurisdiction over the same territory. ”
Stanley Matthews, Heidritter v. Elizabeth Oil-Cloth Company…
“ The law assumes that property is always in the possession of its owner in person or by agent; and it proceeds upon the theory that its seizure will inform him not only that it is taken into the custody of the court, but that he must look to any proceedings authorized by law upon such seizure for its condemnation and sale. ”
