In re Lasserot

(after-stating the facts as above). [1] In brief, the case presented by the petitioner is this: The petitioner began her suit in the state court, and that court by its receiver took possession of the property in controversy. The cause proceeded to triál, and judgment was given to the defendant; but findings were not filed nor judgment entered. The petitioner now asks for mandamus to the District Court of the United States to compel it to go to trial on the same cause of suit between the same parties in an action commenced in that court, after the state court had appointed its receiver and decided some of the issues of the case.

The petition for mandamus must be denied. It is the general rule that, when suits are brought in courts of concurrent jurisdiction involving the same controversy and between the same parties, the court in which the suit was first instituted is entitled to the exclusive jurisdiction to determine the controversy. In Smith v. McIver, 9 Wheat. 532 , 6 L. Ed. 152 , Chief Justice Marshall said:

In Taylor v. Taintor, 16 Wall. 366, 370 , 21 L. Ed. 287 , the court said:

In Harkrader v. Wadley, 172 U. S. 148, 164 , 19 Sup. Ct. 119, 43 L. Ed. 399 , the court…