LOGAN v. PATRICK

LOGAN v. PATRICK. The circuit mctioq^in1 * * a suit iii equity, '£edingJs upon A judgment at dm same ""ar tí«9,SaSthough the ^uhpoiiia the^defendant ont of- the. the court'"sits, ' THIS was a case certified from the circuit court f°r the 7th circuit and district of Kentucky, in which the judges below differed in opinion upon the flowing questions : Whether the complainant, (Logan,) who is a citi¿en .of the state of Kentucky, .and is so stated in the pleadings, can maintain this suit, in this court, against the defendant, who is a citizen and inhabitant of the state of Virginia, and is so stated in the pleadings, upon the following case : John Patrick obtained, in this court a judgment in ejectment against David Logan, who filed a bill in equity against him to be relieved against the judgment, and to compel a conveyance of the land, and obtained an injunction to stay proceedings-on the judgment; biit the subpoena was not'served in the district of Kentucky, Can this,court entertain jurisdiction of the cause ? If not, does the defendant’s answering the bill, without insisting upon the - objection that the' process’ was not served upon him in the district of Kentucky, authorize the court to entertain the cause ? [MAJORITY] The'Court, upon the fiTst opening of the case, said there .could be no doubt of the jurisdiction of the court below, and ordered it to be certified accordingly.