James v. Grand Trunk Western Railroad Co.

152 N.E.2d 858 (1958)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A Michigan administratrix brought an action in Illinois under a Michigan wrongful death statute to recover against the defendant an Illinois railroad corporation (D). The death that occurred happened in Michigan. D then sought and obtained an injunction against the administratrix in Michigan enjoining her from proceeding with her action in Illinois. The administratrix then filed an action to restrain D from enforcing the injunction. That motion was denied, and P appealed. P claimed that she had the unquestionable right to file the action in Illinois and that when a court has obtained prior jurisdiction in an action, injunctive relief is proper to prevent D from transferring the action elsewhere through an action in another forum, and that full faith and credit nor comity require the Illinois court to respect the Michigan venue statute and the decision in this case. D claimed that a court cannot by counter injunction aid a citizen of another state violate an injunction against prosecuting an action in this state and that the counter injunction cannot be used to protect the prior injunction of the Illinois court because the Michigan injunction was in personam only and that such a counter injunction would compel a party to give up vested rights and thus violate full faith and credit and due process.