JAMES V. GRAND TRUNK WESTERN RAILROAD CO.
152 N.E.2d 858 (1958)
NATURE OF THE CASE: This was a dispute over the force and effect of an injunction against
proceeding in a foreign action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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