General
UNION TRUST CO. OF INDIANAPOLIS v. BOKER
89 F. 6·United States Circuit Court for the Southern District of New York·1898
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Opinion
UNION TRUST CO. OF INDIANAPOLIS v. BOKER.
(Circuit Court, S. D. New 'York.
September 6, 1898.)
Creditors’ Bill — Judgment to Support — Suit in Different District.
A judgment and return of execution tbereon in a circuit court of one district of the United States will not sustain a creditors’ hill filed in a different district.
Demurrer to Bill of Complaint.
John J. Gleason and Seward, Guthrie & Steele, for demurrer.
Crane & Lockwood, opposed.
[MAJORITY — LACOMBE, Circuit Judge.]
LACOMBE, Circuit Judge.
This is manifestly a creditors’ bill to reach alleged partnership assets. As such it cannot be sustained without judgment at law and execution returned unsatisfied, and these prerequisites are not found in a judgment of the United States circuit court, district of Indiana, with return of such execution as that court had jurisdiction to issue. Demurrer sustained.