Page:Federal Reporter, 1st Series, Volume 9.djvu/89

 74 FEDEUAL REPORTEE. �"That the practice, pleadings, and forms and modes of proceeding in civil causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at ths time, in like causes, in the courts of record of the state within which such circuit and district courts are held ; and that in common-law causes the plain- tiff shall be entitled to similar remedies, by attachment or other process, or by execution or otherwise, against the property of the defendant, which are provided by the laws of the state in which such courts are held for the courts thereof." �Whether the said act is a cumulative remedy or not, it is certainly a simple and effieacious one for all persons having unsatisfied execu- tions against towns, townships, boroughs, or other municipal corpo- rations. �When the plaintif? shall file proof that he has caused the marshal to serve copies of the said executions upon the assessors and collect- ors of the defendant corporation, or upon the municipal of&cers whose duty it is to assess and collect its ordinary taxes, he will be in the position to petition the court for a mandamus commanding the assessors to assess and levy, in addition to the regular taxes, the amounts due upon the said executions respectively, with interest to the time when the same shall be paid to the marshal, or to show cause befoxe the court, at the. opening of the; next stated term, why they have not performed the said duty. ���United States v. Gillespib and another, Fxr's, etc. �{Circuit, Gourt, D. New Jersey. November 1, 1881.) �1. EQtriTT— JtJRISDICTION — TRUSTS UnDKB A WiLL. �A court of equity has jurisdiction over a bill by a «esfei qv4 trust, to have the will construed ; the directions of the court to the trustees and executors In regard to the proper method of executing the trust; and, as auxiliary to tliis, to have an account rendered to enable It to ascertain what is the residue of the esta te available for the purposes of the trust. �A. Q. Keasbey, Dist. Atty,, and Edwards Pierrepont, for complais- ant. �R. Gilchrist and Cortlandt Parker, for defendants. �Before McKennan, G. J., and Nixon, D. J. �Nixon, D. J. The bill of co'tnplaiut is filod in this cause against the executors of Joseph L. Lewis, lateof Hoboken, in the county of Hud- son and state of New Jersey, deceased, and it alleges that the said Lewis departed this life on or about the foarth (^ay of March, 1877, ��� �