Page:Federal Reporter, 1st Series, Volume 5.djvu/854

842 fedeeaij bepoetïïr. �Justice Wayue said, after stating the provisions of the judi- ciary act giving the circuit courts concurrent jurisdiction witb the state courts : "It was certa,inly intended to give to suitors having a right to sue in the circuit court remedies co- extensive with those rights. These remedies would not be so if any proceedings under any act of a state legislature to which a plaintif was not a party, exempting a person of such state from suit, could be pleaded to abate a suit in the circuit court." �In Union Bank v. Jolly, 18 How. 503, the same was held as to a claimant who had brought a bill to reach a residue of an estate remaining in the hands of the administrator for distribution, without proving bis claim before the commis- sioners. Green v. Creighton, 23 How. 90, was between two sets of administrators, and the pendency of proceedings in insolvency in the state court, upon the estate of which the defendants were administrators, was pleaded to the jurisdic- tion of the federal circuit court. The case was elaborately argued, and the previous cases were referred to and reviewed by the court. In conclusion, Mr. Justice Campbell said : "Thus it will be seen that under the decisions of this court a foreign crediter may establiah his debt in the courts of the United States against the representatives of a decedent, not- withstanding the local laws relative to the administration and settlement of insolvent estates, and that the court will inter- pose to arrest the distribution of any surplus among the heirs. " �Shelhy v. Bacon,10 Hpw. 56, was in favor of a non-resident creditor against assignees of an insolvent debtor under the laws of Pennsylvania, who pleaded to the jurisdiction of the United States circuit court that the court of common pleas of the city and county of Philadelphia had ample power to enforce the trust in regard to the rights of ail parties claim- mg an interest therein ; that the defendants had at different times filed their accounts, duly verified, of their receipts and disbursements, with the prothonotary of that court, which were sanctioned by the court ; and that under its direction they had invested large sums of money to await the resuit of pending litigations. This çlea was set down for argument, and passed to the supreme , court on a certificate of division, ����