Page:Federal Reporter, 1st Series, Volume 8.djvu/64

eO FEDBBAIi BKFQBTBB. �plainant and the defendants are citizens of this state, and that therefore this suit caiinot be maintained in this court. The precise question is, can a creditors' bill be prosecuted in the circuit court in aid of an execution on a money decree reeovered in the district court in admiralty, or for enfoncement or collection of such a decree, all the parties to the bill being citizens of the same state? The ques- tion is a novel one.and no decided case covering the precise point involved has been found. �It is first cohtended by counsel for the complainant that juris- diction may be derived from the subject-matter of the controversy, irrespective of the citizenship of the parties. This is upon the theory that the creditors' bill is ancillary to the decree or judgment in the district court and a continuation of that proceeding, and that there- fore the case is within the rule or principle laid down by the author- ities, that where a bill filed on the eqiiity aide of the court is not an original sait, but ancillary and dependent, jurisdiction is main- tained without regard to the citizenship of the parties. I have always supposed that this principle was only applicable! where the ancillary bill was filed in the same court in which the original suit was brought, and it may not be unprofitable to notice with some care the author- ities bearing on . the question, most of which were cited on the argument. �In Freemari v. Howe, 24: How. 450, it was held that where property of A, is wrongfully seized under a writ of attachment against B., a petition for relief by the rightful owner may be heard and relief granted without regard to;the citizenship of the parties. The court say that — ■' �" The prinfeiple is that a bill filed on the equity aide o£ the court torestrain or regulate judgments or suits at lavf in the same cmurt, * * * * is not an original suit,, but ancillary and dependent, supplementary jaerely to the original suit out of which it had arisen, and is maintained without reference to the citizenship or residence of the parties." �In Eailroad Companies v. Chamberlain, 6 Wall. 748, a bill. was filed by a Wisconsjn railroad oompany to set aside a judgment and a lease to secure the same, and another railroad corporation of the same state, having .become the r equitable owner of the lease, was admitted as defendant, and ajso filed a crosc-bill to have the judgment enforced. The circuit court dismisised the oross-bill for want of jurisdiction, the parties being all citizens.of the same state; and it was held that this decree was e^ronepus, the proceeding being merely ancillary tOilhe judgment which was reeovered in the same court as : that in which ��� �