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CAVANAUGH V. LOONEY, 248 U. S. 453 (1919)

U.S. Supreme Court

Cavanaugh v. Looney, 248 U.S. 453 (1919)

Cavanaugh v. Looney

No. 107

Argued December 19, 1918

Decided January 13, 1919

248 U.S. 453


The jurisdiction of the federal courts to enjoin the execution of a state law upon the ground of unconstitutionality should be exercised only in clear cases, and where intervention is essential to protect rights effectually against injuries otherwise irremediable. P. 248 U. S. 456.

Appellants sought to enjoin condemnation proceedings under a Texas act, alleging it unconstitutional and that the filing of the petition would cause them irreparable damage by impounding their land, clouding the title, and preventing sale pending the proceeding. Held properly refused, since the apprehension of irreparable loss appeared fanciful, and all objections against the act could be raised in the condemnation proceedings. Id.


The case is stated in the opinion.

Page 248 U. S. 454

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