The circuit court has jurisdiction in a suit in equity to stay
proceedings in a judgment at law between the same parties, although
the subpoena be served on the defendant out of the district in
which the court sits, the defendant having answered the writ
without insisting on the service of the bill out of the
district.
This was a case certified from the Circuit Court for the 7th
Circuit and District of Kentucky, in which the judges below
differed in opinion upon the following questions:
Whether the complainant (Logan), who is a citizen of the State
of Kentucky, and is so stated in the pleadings, can maintain this
suit in this court against the defendant, who is a citizen and
inhabitant of the State of Virginia, and is so stated in the
pleadings, upon the following case:
John Patrick obtained in this Court a judgment in ejectment
against David Logan, who filed a bill in equity against him to be
relieved against the judgment, and to compel a conveyance of the
land, and obtained an injunction to stay proceedings on the
judgment; but the subpoena was not served in the District of
Kentucky. Can this Court entertain jurisdiction of the cause? If
not, does the defendant's answering the bill, without insisting
upon the objection that the process was not served upon him in the
District of Kentucky, authorize the Court to entertain the
cause?
The Court, upon the first opening of the case,
Page 9 U. S. 289
said there could be no doubt of the jurisdiction of the court
below, and ordered it to be certified accordingly.
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