Page:Federal Reporter, 1st Series, Volume 6.djvu/467

 SMITH V. SOHWED. 455 �Bmith and others v. Schwed and others. (CiriMit Court, W. D. Missouri, W. D. —, 1881.) �1. Federal Peactice— Rbmoval — Bill Filed m State Coxjbt — Vek- �rpiCATiON — Injdncton. �Upon the removal of a cause from a state court, an injunction will not be dissolved upon the ground that the bill aled in such court was net verified according to law and the practice of courts of chanceiy. �2. Equity Plbading— Feaddulent Judgment— Injunction, �A bill to enjoin the execution of a fraudulent judgment need not aver that the plaintLS in such judgment is insolvent. �3. Federal Practice— Removal — Injunction. �Upon the removal of a cause, the federal court can maintain an injunction obtained in the state court. — [Ed. �In Equity. Motion to dissolve injunction. �It is provided by statute in Missouri that "any attaehing creditor may maintain an action for the purpose of setting aside any fraudulent conveyance, assignment, charge, lien, or encumbrance of or upon any property attached in any action instituted by him." The cause was removed by the complainants. �Bryant & Holmes and Tichenor e Warner, for motion. �Botsford e Williams and Scarritt e Riggins, contra. �McCrary, C. J. The complainants, who are creditors of the firm of Schwed & Newhouse, merchants in Kansas City, Missouri, filed their bill in the circuit court of Jackson county, Missouri, praying that a certain judgment confessed by said Schwed & Newhouse in that court in favor of one H. Heller, of Philadelphia, Pennsylvania, for $9,672, rendered on the twenty-sixth day of January, 1880, be cancelled and set aside. �The bill charges that the said Judgment was fraudulent, and was confessed for the purpose and with intent to defrand, hinder, and delay the hona fide creditors of Schwed & New- house, who were not indebted to said Heller in said sum of $9,500, or any other sum, at the time of the fraudulent con- fession, but that said judgment was confessed without any consideration, and for the purpose aforesaid. �It is further alleged that execution has been issued upon ��� �