CONFLICT OF LAWS-"FULL FAITH AND CREDIT"-INJUNCTION RESTRAINING SUIT IN FOREIGN STATE

Authors

Abstract

X, an Iowan, is injured by Y, a fellow citizen, who obtains an injunction in Iowa restraining X from suing in Minnesota. X having subsequently commenced suit in Minnesota, Y files his bill asking the court of that state to enforce the Iowa decree. Should the Minnesota court enforce the foreign injunction decree, as a matter of "comity"? Must it do so, under the "full faith and credit" clause? Strangely enough the Minnesota court has had two of the comparatively small number of cases involving these particular questions. In State ex rel. Bossung v. District Court, 140 Minn. 494, the first question was answered in the negative, and a mandamus issued ordering the lower court to proceed with the suit enjoined by the foreign court. In a recent case the same court, in directly answering the second question, confirms its previous position and permits our hypothetical X to defy his own state court and proceed with his Minnesota suit. U. P. Railway v. Rule (Minn. 1923) 193 N. W. 161.

Recommended Citation

CONFLICT OF LAWS-"FULL FAITH AND CREDIT"-INJUNCTION RESTRAINING SUIT IN FOREIGN STATE, 22 Mich. L. Rev. 469 (1924).
Available at: https://repository.law.umich.edu/mlr/vol22/iss5/10