Page:Federal Reporter, 1st Series, Volume 3.djvu/797

 790 rEDBBAIt BBPOBTBB. �In re Eunzi and others, Bankrupts. �(Ovreuît Gmrt, 8. D. lUinoia. Auguat, 1879.) �1 OtmiBnicTioN — Service op Process. — Suit was brought and proceas served upon a defendant in one county, and additional process issued and served upon anotlier defendant in another county, under the laws of the State of Illinois. Jldd, that it could not be objected, after judgment, that the defendant flrst served did not reside within the county in which suit was brought. �2. BAHKETJPTCy — PREFERENCE — JUDGMENT AUTD BxBCtTTION. — It is Com- petent for a crediter to institute a suit against abankrupt, and obtain Judgment by default, and issue execution, and unless the bankrupt does some act by which he has participated in some way in the act of the creditor, the preference thereby acquired is a valid preference as against other creditors. �8. Samb— Samb— Samb — Evidencb. — It will be sufflcient to defeat this preference if there has been but a slight participation by the bankrupt in ih9 act of the creditor, but the evidence of such participation must be sufficient to bring conviction to the mind. �Appeal froin district court. �J. H. Yeager, for appellant. �Dbummond, C. J. This is an appeal by the assignee of the bankrapts from an order of the district court allowing a claim of John Fischback against the estate of the bankrupts. �Fischbaeh recovered a judgment against the bankrupts on the twenty-ninth day of March, 1878, in the circuit court of Montgomery county, of this state, under the foUowing cir- cumstances: Fischback had, from time to time, advanced money to the bankrupts to assist them in their business, for ■which he had received promissory notes. In the spring of 1878 he seemed to be very anxious to have hisulaim paid or secured, and there is some evidence tending to show that the bank- rupts proposed to give Mm a mortgage, which, however, was not done. It is also apparent that Lehman particularly, who was the father-in-law of Fischback, was very anxious that his claim should be secured or paid. The bankrupts knew at the time that they were insolvent, and would be unable to pay ail their debts. �It seems to have been thought by Fischback, in consulta- ����