Page:Federal Reporter, 1st Series, Volume 6.djvu/611

PAGE V. CITI OF OHILLIOOTHE. 599 �It is not the case of a conveyance out df the ordinary course of business of the debtor. The mortgage of a hoine- stead has nothing to do out of the course of business. The fact of an attachaient having been made was constructively known to ail the world by its record, but the illegality of a preference depends upon actual knowledge, and there is no evidence that the fact was actually known to the mortgagfees; I have read the evidence carefully, and must repeat that knowledge is not brought home to those parties. As they have absorbed pretty much ail the assets, I do not feel bound to give them costs. �Decrees affirmed, without costs. ���Paqb and others v. City of Chillicothb.* {Oweait Court, 8. D. Ohio. April, 1881.) �1. JURISDICTION— ACT OF CONGKBSS DlVIDlKG S. D. OhIO mTO TWO �Divisions— Whbeb Suit to bb Brotjght— Pkbbonai. Pbivilbgb— Waivbb. �Section 4 of the act of congress dividing the southern district of Ohio into two divisions, which provides that " ail suits not of a local nature, in the circuit and district courts, against a single defendant, inhab- itant of said State, must be brought in the division of the district where he resides," does not aflect the general jurisdiction of the court, but rather confers a personal privilege upon the defendant, which he inay waive. �2k Same— Samb — Same — Samb — GeneeaI/ Appbabakcb — Waivbb. �Where a suit was brought in the western division against a resident of the eastern division, who was served with process in the eastera division, and on the return-day of the writ entered its general ap- pearance without exception to the jurisdiction, and at the same and a subsequent term had, upon its motion, the time extended in which to answer, heldy that the defendant, by such appearance and proceedings, waived the right to object to the jurisdiction of the court. �Motion to Dismiss for Wabt of Jurisdiction. �*Rfiported by Messrs. Florien Qiduque and J. O. Harper, of the Cincin- nati bar. ■ - ■ ' : , ��� �