Page:Federal Reporter, 1st Series, Volume 1.djvu/386

 378 rSDBBAli BSFO&TSa. �of his firm, according to the fact of ownership, would remain personally liable to contribute to the debts of the corporatioa notwithstanding their discharge in bankruptcy, because only provable debts are discharged, and because they -would remain shareholders. See Martin'» Patent Co. v. Morton, L. E. 32, B. 306 ; Hasties Case, L. E. 7, Eq. 3, 4 Ch. 274. It is plain, upon inspection of the contract between the plaintiffs and the assignees of Kirkland, Chase & Go., that the former did not nndertake to become stockholders of the corporation, nor to indemnify Chapman or the members of the firm personally, but that out of abundant caution the assignees took an indem- nity for themselves and the estate in their hands, and, sine» the assignees are not liable, there is no claim or right to which the defendants can be subrogated. �Equity might require the plaintiffs to apply the mort- gaged property, or to call upon the trustees of the mortgage to apply it to diminish the debt, so far as it would go, befor* a final decree should be rendered against the defendants.. The pleadings do not raise this question, and we understood •at the argument that the property had been converted into money and would be properly disposed of without the inter- vention of the court. We decide, therefore, that in the bill filed by Garrett & Sons, there must be an interlocutory decree foi complainautH. ���LiNDEE, Assignee, etc., v. Lewis and others. [District Court, 8. D. Nem York. January 22, 1880.) �Fdtai, Decreb — Motion to Open Judsment aftbb Close of Terio. — After the tenn at which a flnal judgment or decree is entered, the courts of the United States have no power to open the judgment or decree, and grant a rehearing, or let a defendant in to answer, unless, at the time at ■which the judgment or tfecree is entered, some order is made virtually fceeping the judgment open for further relief or proceedings. �Bamb— Omission to Enteb Obder that the Bill be taken Pro Coh- FESso. — The omission to enter a formai order that the bill be taken jw* eonfesto against the defendants, will not aflect the regularity of a ûuai lecree or make it any less absolute. ��� �