Page:Federal Reporter, 1st Series, Volume 5.djvu/173

 SEW 0ELEAN3 CITY E. CO. V. OBESCËNT OITT B. 00. 161 �in the federal court. Nothing can be done thoreafter in the state court, andwhatever can be done prier to the return-day must be done bere. It is clear that whatever is necessary foT the preservation of the property, i. e., ail conservatory acts, may be autborized by the federal court. It is equally clear that tbere can be no trial of the cause, and by that I mean no determination of the rights of the parties wbich are by the suit submitted to the court for adjudication, until the time fixed by the law of congress as the return-day. % baye been referred to two cases in this district where the court tças, before the return-day, asked to modify an injunction which had been issued in the state court. But these cases are far from maintaining the autbority of the court under ail circumstances to deal with an injunction previous to the time when the cause is before the court to be proceeded with. �In Ellerman v. New Orleans, M. e T. R. Co. No. 7594, the court was asked to dissolve an injunction, and the objection of prematurity was taken. The record shows simply that the motion was overruled; no feason was assigned. �In the other case, — that of Ellerman v. N. 0. Elevator Co^ No. 9053, — in that case the court simply construed. the in- junction by limiting it to the case made by the complainant's bill, though the words of the injunction, considered separately from the bill, were susceptible of a broader interpretation. �The case from 4 Sawyer, 289, (Mahoney Mining Co. v. Bennett,) holds that a preliminary injunction may be granted after the removal and before the return-day. �In B. e M. B. Co. 26 Int. Kev. Eec. 355, [S. G. 4 Fed. Eep. 10,] the court say, after the citation of the case from Sawyer and other cases: "I understand from the opinions of the court in these cases that when the jurisdiction of the state court ceases that of the federal court attaches for some purposes, on entering a copy of the record, so that the court may know the facts ; but the jurisdiction of the federal court is not complete so as to hear and determine the cause, al- though a transcript is filed, until on the day prescribed by the statiite, or after, if the court accepts it." �Judge Dillon, in bis treatise on Eemoral of Causes, says: �V.5,no.2— H ����