Page:Federal Reporter, 1st Series, Volume 3.djvu/92

 CLARK ». EWINa. 85 �denied by the circuit court, and an appeal taken to the su- preme court of this state, where the action of the circuit court was affirmed. After the affirmation of the said judgment in the supreme court, complainant filed a bill in chancery in the Will county circuit court, eetting up the commencement of said suits; the fact that be bad a legal defence thereto, and his inability to assert sucb defence, by reason of the sickness of his attorney, and praying for relief in the prom- ises, either by a decree granting him a new trial, or that his claims against the bankrupts might be set o£f against the said judgments- This chancery cause came on for hearing upon a general demurrer to the bill, and upon such hearing was dismissed for want of equity ; whereupon an appeal therein •was prosecuted to the appellate court of the second district of this state, whore said decree was affirmed, and an appeal taken to the supreme court of this state, where, after hearing, the decree of the circuit court was again affirmed. �Complainant now alleges the same matters of defence to said suits at law, and the same reasons for failing to present said defence on the trial of the causes, and insists that the state courts bad no jurisdictioa of the subject-matter of said suits, and that ail whioh bad been done in the state courts in the rendition of said judgment, and in the determination of said several appeals therefrom, was without jurisdiction, and not binding upon the complainant j therefore, be now seeks the aid of this court to relieve him from the effect of the said judgments, invoking in that behalf the second sec- tion of the amendment to the bankrupt law, approved June 22, 1S74, which reads as folio ws: "Section 2. That section 1, aforesaid, be and is hereby amended by adding thereto the following words : 'Providcd, that the court baving charge of the estate of any bankrupt may direct that any of the legal assets or debts of the bankrupt, as contradistinguished from equitable demands, shall, when such debt does not exceed $500, be collected in the courts of the state where such bankrupt resides, baving jurisdiction of claims of such na- ture and amount.'" And also the sixth clause of section 711 of the Kevised Statutes, which vests in the courts of the ����