Donovan v. City of Dallas, 377 U.S. 408 (1964)

Donovan v. City of Dallas

No. 264

Argued April 22, 1964
Decided June 8, 1964
377 U.S. 408

CERTIORARI TO THE SUPREME COURT OF TEXAS AND THE COURT

OF CIVIL APPEALS OF TEXAS, FIFTH SUPREME JUDICIAL DISTRICT

Syllabus

A state court cannot enjoin plaintiffs from prosecuting or appealing an in personam action in a federal court which has jurisdiction of the parties and the subject matter, nor can this federal right be divested by state contempt or other proceedings, even though a judgment of a state court in the same controversy has already been rendered against certain petitioners. The case is remanded to the state trial court to consider whether it would have punished petitioners for contempt had it known that the restraining order petitioners violated was invalid. Pp. 408-414.

365 S.W.2d 919 reversed.

368 S.W.2d 240 (Tex.Civ.App.), judgment vacated and cause remanded.