Lamson

Lamson v. Superior Court

Good Law
12 F. Supp. 812·1935 U.S. Dist. LEXIS 1219
United States District Court, Northern District of CaliforniaOctober 27, 1935No. 3942-LCalifornia660 words

Opinion

Lead Opinion

Louderback, J.

The court appréciates the fact that this application involves an issue in a case in which the life of an individual is at stake. It is only after a most careful consideration of all the issues raised by the petition that the court comes to the following conclusions :

The petitioner filed the complaint herein, seeking an injunction or temporary restraining order directed against the defendant trial court,' and the judge thereof, from proceeding with a trial in which the complainant is the defendant. This application precedes the determination of the issues raised in the removal proceedings, heretofore filed by the petitioner. The petitioner alleges in the complaint on file in the above case that, despite the filing of such removal petition, the defendants threaten and intend to proceed with the trial of the case in the state court.

Section 74, title 28, U.S.C.A., provides: “When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing…

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