Page:Federal Reporter, 1st Series, Volume 6.djvu/780

 768 PBDBBAL BEPOBTEB. �the aflSdavits of the respondent herein, with copies of which you are herewith served, and upon ail and singular the rec- ords, papers, files, and proceedings in this suit." �At the hearing of the motion an amended hill was pre- sented and read as an affidavit. It is unnecessary to detail at length its averments. It is sufiBcient to say that they cor- roborate the allegations of the bill, and of the aflBdavits in support of it, and state other facts tending to show the abso- lute necessity for the immediate appointment of a receiver to prevent the loss to the complainant of the property and assets of the respondent, and of the trust funds invested by him in the goods, wares, and merchandise contained in a certain store in the state of Nevada owned by him. �The amended bill further alleges the institution, in the state of Nevada, of a collusive suit by a pretended creditor of the respondent, founded on a fraudulent and fictitious indebtednesB, with intent to have the proceeds of said trust funds in the state of Nevada seized and sold under execu- tion, and with the design of hindering, delaying, and defraud- ing the complainant. �If these allegations are true, or even partially true, a stronger case for the appointment of a receiver could not well be imagined. Unless this court can interpose in the most summary manner, the complainant will be remediless, and its decree abortive. The motion to set aside the order for the appointment of a receiver is not based on any deniai of the facts alleged in the bills and affidavits, of which a summary has been given. It is rested on the deniai of the jurisdiction of a court of equity to afford the relief prayed for. �It is contended that the jurisdiction exercised in the courts of chancery in New York, to entertain what the counsel denominates "a fishing creditor's bill," is entirely the crea- ture of the statute of that state ; that independently of those statutes equity eould only entertain a creditor's bill filed for the purpose of removing fraudulent impediments or ob- structions to the service of an execution against real or per- Bonal property, or for the purpose of subjecting equitable assets to the operation of the execution, when the same had ��� �