Page:Federal Reporter, 1st Series, Volume 5.djvu/524

512 FEDERAL REPORTER. �of California, and not found in this district at the time of serving the writ of subpœna ; and alao that it does not ap- pear from the bill that the plaintiff has exhausted his legal remedies in this jurisdiction. Some other grounds were mentioned, — as the want of notice, the insufficiency of the averments in the bill to show a case of urgency, etc., — but the case must be decided upon the first two grounds named. �The subpœna has been returned, and shows a service on the defendant in California. This, together with the allega- tion in the bill that the defendant, Lewis, is a citizen of Cal- ifornia, is enotrgh, upon the uniform construction which the eleventh section of the judiciary act, now section 739 of the Eevised Statutes, has always received, to deprive this court of jurisdiotion, unless, as is most eamestly and strenuously urged, that section does not apply to a suit like the present. It is argued that it does not apply, because this is a suit in equity to enforce a lien or claim againat property within the meaning of Rev. St. § 738, and also because this is a matter or pro- ceeding in bankruptcy over which this court has jurisdiction irrespective of the residence or citizenship of the parties. In argument upon this latter proposition, great stress is laid upon the very broad and comprehensive language in which the whole subject of bankruptcies is given to the district courts in section 4972 — especially upon that clause which extends the jurisdiction to the collection of ail the assets of the bank- rupt. And it is said, since this is donc, there must be power somewhere in the bankruptcy courts to collect assets ; i. e., debts due the bankrupt's estate in those cases in which a debtor resides in one district and has property in another. The case at bar is, I take it, substantially such a case, for Lewis, while not originally a debtor of the bankrupts, has been, by the deoree against him, turned into a trustee for the oreditors and the assignee and adjudged to pay a large sum as damages for their benefit. �It is said again that the district courts are auxiliaries of each other in these bankruptcy matters, and that the proceed- ings in CaUfornia are a sufficient warrant for proceeding here against the property of the defendant, Lewis, as has been ����