HERFURTH v. HERFURTH, 135 F.2d 948 (D.C. Cir. 1943)

HERFURTH v. HERFURTH.

No. 8340.United States Court of Appeals, District of Columbia Circuit.Argued May 11, 1943.
Decided May 17, 1943.

Appeal from the District Court of the United States for the District of Columbia.

Suit by Hugo Herfurth, Jr., against Minnie F. Herfurth. From an adverse order, Hugo Herfurth, Jr., appeals.

Affirmed.

Mr. Ward B. McCarthy, of Washington, D.C., with whom Messrs. Leonard J. Ganse and Carl F. Bauersfeld, both of Washington, D.C., were on the brief, for appellant.

No appearance was entered or brief filed for appellee.

Before GRONER, Chief Justice, and MILLER and ARNOLD, Associate Justices.

PER CURIAM.

The court below held that it was without jurisdiction to issue a preliminary injunction restraining the defendant from litigating a property settlement in the Circuit Court for Arlington County, Virginia. The order is affirmed on the authority of Hyattsville Building Association v. Bouic, 1916, 44 App.D.C. 408; Harlan v. Harlan, 1922, 52 App.D.C. 98, 281 F. 602; and Toucey v. New York Life Insurance Company, 1941, 314 U.S. 118, 62 S.Ct. 139, 86 L.Ed. 100, 137 A.L.R. 967.

Affirmed.