Page:Federal Reporter, 1st Series, Volume 7.djvu/869

 IN RE YOUHG. 857 �petition ftirther stated that he employed one Andrew D. Banghart to take care of the said property, and that -while Bangbart was holding the same, as his onstodian, the said Grant commenced an action of replevin against him, iu one of the courts of the state of New Jersey, to recover a portion of the goods, and under the writ therein caused to be seized by the sheriff of the county of Hunterdon certain enumer- ated articles; that the said Banghart, appearing to said action, interposed a plea, ■v^hich was overruled and judgment entered against him; that, subsequently, the said Grant commenced an action of trespass against the petitioner in one of the state courts of New Jersey, for acte done in the taking and seizure, which action was still pending. �The petitioner prayed the court to restrain all further pro- oeedings in said suit, to vacate and set aaide the judgment already obtained, and for such other relief as was meet and proper. The court granted a rule that the said Grant show cause, on the twenty-third day of October following, why the prayer of the petition should not be grauted, and why he should not be attached for contempt. On the return of the rule to show cause, Grant appeared and answered the peti- tion, and on the sixth of November, 1877, the court ordered that the issues raised by the petition and answer be referred to the register, to take the proofs for both parties, and to report the same to the court, with his opinion thereon, with all convenient speed, The testimony was taken by the register, who reported that the respondent was guilty of con- tempt. �The caseis now before me on a motion to confirm the report of the register. Various objections have been made to the confirmation, only one of which I have thought it neces- sary to examine. The alleged contempt consisted in the respondents bringing two suits in the state courts, — one in replevin against Banghart, the custodian of the goods, and the other in trespass against Ehodes, the receiver. But these actions were not instituted to obtain the possession of any property described in the order which appointed the re- ��� �