Filer & Stowell Co. v. Rainey

Citations

• 120 F. 718
• 1903 U.S. App. LEXIS 5306

Syllabus

<p>1. Executors — Suit against in Another State — Jurisdiction.</p> <p>A suit cannot be maintained against foreign executors in Illinois, In either a state or federal court, where there is no property of the testator’s estate within the jurisdiction.</p> <p>2. Jurisdiction of Federad Courts — District of Suit.</p> <p>A nonresident defendant in an action begun by attachment and the-garnishment of money due him released such garnishment by the giving of a bond as provided by statute. He died pending the action, which could not be revived against his executors because of their nonresidence. Held, that a suit in equity by plaintiff against such executors to establish his right, to enforce the bond was not one to enforce a lien on property, which could be maintained in a federal court in a district of which neither-.plaintiff nor defendants were inhabitants, against defendants’ objection.</p> <p>¶ 1. See Executors and Administrators, vol. 22, Cent. Dig. § 2344.</p>