Page:Federal Reporter, 1st Series, Volume 5.djvu/523

SHAINWALD V. LEWIS. 511 �iudgment an execution was issued to the marahal of Califox- i?;ia, and by him returned nw^a i)orea, ; �; , Theae facte appear from the bill filed in this couçt, and it also appears on the £ace of the bill that Harris; Lewis is a citizen of California as well as the plaintiff; and that he ha» property in Nevada whioh the plaintiff seeks tO;,appiy to the satisfaction of his decree, obtained as aforesaiidiftCaliforniai �It is further averred in the bill, on infojrmation and belief, that the defendant, Harris Lewis, is sec^eting hia property with the view of preventing the plaintiff from levying upon and applying it to the satisfaction of said decree; that said Lewis is possessed and the owner of large and valtiabje prop- erty, real and personaj, within the district of Nevada, and within the jurisdiction of this court; that for the purpose of hindering, delaying, and defrauding the plaintiff, said Lewi» l^as bepn, since the; i^endition of said deoree, making and issu- ing,,his notes and other evidences of indebtedness, and haa procured a suit or suits to be brought against him, and bas confessed, or intends to confess, judgment against himself, ail for the purpose of preventing the plaintiff from obtaining satisfaction of said judgment and decree ; that in a certain other si^it, brought as such assignee agafnst the defendant, Lewis, in the district court of the district of Çlalifornia, and founded upon said decree, an order was made appointing Kalph L. Shainwald, of the city and county of SaJi Francisco, receiver of the estate of said defendant, Harris Lewis; that he duly qualified and is now acting as such ireceiver. �A copy pf the docree of the district court of Çalifornia is made part of the bill, and the prayer is for judgment that said Lewis pay the amount thereof, and for an injunction and a receiver, with the usual powers of a receiver under a creditors' bill. Upon the filing of this bill, an order for the appointment of a receiver was made, without notice to the defendant. A special appearance has been entered by the defendant, Lewis, and a motion on, behalf of certain creditors 15 made to vacate the order appointing the receiver, chiefly on the ground that this court has not, and canno* acquire any jurisdiction of the case, the said Lewis being a -sident ����