Page:Federal Reporter, 1st Series, Volume 1.djvu/387

LINDEa V. LEWIS. 379 �J. H. Drake, for motion. �G. H. Yeaman, contra. �Choate, J. This ia a motion to open a final decree entered at the September term 1879, whereby the , defendants Wett- Btein, Meyer and Ochninger were decreed to pay to the coïn- plainant, as assignee in bankruptcy of Wallach & Co., the Bum of $3,109.24. These defendants wete judgment creditors of Wallach & Co. before their bankruptcy, and after the execution of a general assignment for the benefit of creditors by the bankrupts, and before the filing of the original petition in bankruptcy, these defendants and several other judgment creditors took out their executions and placed them in the hands of the sheriff, who levied on goods covered by the general assignment. �Afterwards, the sheriff requiring indemnity before he would sell the goods, the several judgment creditors, defendants, indemnified him, but some of the judgment creditors "with- drew their bonds and took action, ■which bas been held in this suit to exempt them from liability to account to the cotû- plainant for the proceeds of the goods bold by the sheriff. The suit was brought against the general assignee, the sheriff and the judgment creditors to set aside the voluntary assign- ment, and to compel the sheriff and the judgment creditors to account for and pay over the value of the goods sold. The final decree was for the complainant, setting aside the assign- ment, and charging the sheriff and the judgment creditors, ■who did not withdraw their authority to the sheriff, with the proceeds of the goods. �These moving defendants were duly served withiprooess and appeared in the suit, but put in no answer. Their time to answer was twice extended by stipulation. It appears ncw, by the moving papers, that through some misapprehen- sion on the part of their attorney he was led to believe that no substantial relief was sought against them in the suit. They were, however, regularly served with notice of ail the proceedîngs in the cause, had notice of the applications for the interlocutory and for the final decree, which was entered, as above stated, at the last September term. Teey now ��� �