Page:Federal Reporter, 1st Series, Volume 7.djvu/900

 888 FEDERAL REPORTBR. �was plaintifl, directed to the sherifl of that county, ?'. e., the defendant ^ Perkins, to execute. The jury found the issue joined upon this plea for the plaintitf. The defendants then moved to dismiss the same for want of jurisdiction after verdict and before judgment. �Hdd, that in this case the court could have taken jurisdiction of the parties, as the oitizenship was such as to give it such jurisdiction of them, and it would only refrain from taking jurisdiction of the sub- ject-matter by reason of comity towards another court of concurrent jurisdiction. �Meld, further, that neither of the parties to assert the right of the State court to keep possession of the property disputed the jurisdic- tion of this court until after the trial on the merits. Then it was too late to raise the points. �, Ela de Parker, for plaintiff. �Connelly e McNeal, Ira 0. Wilkinson, and Frank Baker, for defendant. �Blodgett, D. J. This is an action of replevin for the recovery of a Taluable horse, alleged to have been unjustly taken and detained from the plaintiff by the defendants. Four pleas were interposed: First, non cepit; second, non detinet; third, property in Eobert I. Lee and not in the said plaintiff; foiirth, that the defendant Perkins was at the time when, etc., sheriff of Eock Island county, in the state of Illinois, duly qualified and acting as such ; that on the fourth day of September, 1878, the Topeka National Bank, of To- peka, Kansas, sued out of the circuit court of said county of Eock Island its writ of attachment of that date against one Eobert I. Lee for the sum of $3,285.76, with interest from the first day of December, 1876, and caused the same to be directed to the sheriff of said county to execute, in and by which writ the sheriff was commanded to attach so much of the estate, real and ifersonal, of the said Eobert I. Lee, to be found in his county, as should be sufficient to sat- isfy the indebtedness mentioned in the writ, and such estate so attached in his hands to secure, so as to provide that the same might be liable for the proeeedings thereupon according to law, which writ was made returnable on the first Monday of January next after the date thereof ; and that such writ came duly into the hands of defendant Perkins, as such sheriff, to execute, and was by him, on the day of the date ��� �