Page:Federal Reporter, 1st Series, Volume 10.djvu/219

N. Y. BILK MANUF'g CO, i^, S^PQND NaT, BANK OP PAXBBBON. SQ^j �fights which they had acquired by Buch mistakes, It was further urged upon the argument that there was p> praoifcioal difficulty arising from the peculiar featurea of the New Jersey act in holding that this court had jurisdiction over a suit begun by attachment in a state tri- bunal. The thirty-eighth section makes it lawful for any defendant in attachment to enter an appearance to the suit of the plaintiff, or oi any appiying creditor, without giving bond for the return of the property; and after such appearance to suit or suits the plaintiff and creditors shall prooeed in all respects as if commenced by sum- mons. The difficulty, earnestly pressed, was that some of the applying creditors had entered a rule for claims for less than $500, and that there was no power in this court to exercise jurisdiction in a controversy between parties in a remoyal case where the sum in dispute was less than that amount. No question of that kind has yet appeared in the case, and it will be time enough to meet it when it arises. I have no hesitation, howover, to anticipate it by saying that the jurisdictional limitation of the statute to $500 has reference to the Bum in dispute between the plaintiff in attaahment and the defend- ant ; that the right of appiying creditors to come in and to have their diaims adjusted and allowed is a mere incident, to the principal suit, and that the court, having acquired jurisdiction over the principal Buit, necessarily exercises it over the incident. �The motion to remand is refused. �An application is pending for the appointment of an auditor, and for the sale of the property as perishable, under the provisions of the thirty-ninth section of the New Jersey act concerning attachments. The sheriff of the county of Hudson holds the goods and chattels lev- ied on under the writ of attachment, and I perceive no reason why an order should not be granted appointing him auditor, and directing him to sell the property aceording to law. ��� �