Engels

delivered the opinion of the Court.

This appeal is brought from the Seventh Judicial District,

Upon the trial, the appellant moved for a stay of proceedings, upon the ground that he had commenced a suit in the Fourth District, involving the same matter in controversy in this suit, and had obtained an injunction against the plaintiffs, restraining them from disturbing his possession of the land in question. The record of the ease, in the Fourth District, was presented to the Court in support of the mo *33 tion, and it fully sustained the truth of the ground there taken, That the injunction should have operated to restrain the prosecution of this suit is undeniable. The action is for the recovery of a tract of land. The plaintiffs are enjoined from disturbing the defendant’s possession of the same land. They could only lawfully disturb it by a recovery at law; they were consequently enjoined from any prosecution for that purpose.

It is said, however,' that the injunction operates upon the party, and not upon the Court, and that, therefore, the Court of the Seventh District was right not to regard it, and the defendant’s remedy is by attachment for contempt in the Fourth District.…