Page:Federal Reporter, 1st Series, Volume 3.djvu/798

 m BB BDNZI. 791 �tion vfiih. his counsel, that the most certain way of seeuring his claim was to obtain a judgment against the bankrupts as early as practicable, and there being no court held in Madi- Bon county, where the bankrupts resided, in which a judg- ment could be obtained at an early day, it was agreed between the crediter and his counsel that service should be had upon Lehman in Montgomery county, where the court sat in March, 80 that a judgment could be there obtained. �The wife of Lehman informed her daughter (Pischback's ■wife) that her husband proposed to go to Montgomery county, and the daughter told her husband, and acoordingly arrange- ments were made to have a suit commenced, declaration filed, and process issued and served on Lehman in Montgom- ery county, which was acoordingly done, and then a process issued to Eunzi, the other partner, to Madison county, and was served upon him there, and judgment was obtained by default against the parties. �It may be admitted that the partners were insolvent when Pischback instituted his suit to recover the judgment which constituted the foundatiou of his claim, and that Fischback had reasonable cause to believe that they were insolvent. But it is insisted by the assignees of the bankrupts, in the first place, that the circuit court of Montgomery county had no jurisdiotion to render the judgment ; and, secondly, that Leh- man, the father-in-law of Fischback, aided the latter in obtain- ing his judgment, and thereby procured the property to be seized on the execution which was issued in the case, and that Fischback thus acquired an unlawful preference. �It is said that the court had no jurisdiction of the case, because ueither of the defendants resided in Montgomery cbunty at the time that the writ was issued and served, and that the true construction of the statute, which authorizes a suit to be commenced and process to be served on one defend- ant in a particular county, and then for another process to issue to a different county, to be served on another defendant, is only where one of them resides in the county where the suit is brought and the process ûrst issues. ����