Hudson v. Wood

Citations

• 119 F. 764
• 1903 U.S. App. LEXIS 5433

Syllabus

<p>1. Federal Courts—Proceedings for Enforcement of Judgment—Statute-Giving Benefit of State Remedies.</p> <p>Rev. St. § 916 [U. S. Comp. St. 1901, p. 684], which provides that a party recovering a judgment in any common-law cause in a federal court “símil be entitled to similar remedies on the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided in like causes by the laws of the state,” etc., does not embrace remedies in equity by independent suit which may have been given by the statutes of a state, but is limited by the phrase “in like causes” to remedies provided in actions at law wherein judgments were recovered.</p> <p>8. Same—Creditors’ Suit—Enforcement of Legal Demands in Equity.</p> <p>In a creditors’ suit in a federal court by a judgment creditor against the judgment defendant and another, alleged to be his debtor on a mere money demand, the question of the latter’s indebtedness, if denied by him, cannot be tried, even though such procedure is authorized by a state statute, since that would deprive him of his constitutional right to a jury trial; but the complainant may, by the joinder of such defendant, obtain a discovery from him as to his indebtedness and the right to an equitable lien thereon, to become effective and to be enforced when such indebtedness shall have been established in an action at law, and also the appointment of a receiver, with authority to bring such an action.</p> <p>8. Equity—Bill for Discovery—Sufficiency.</p> <p>A defendant' in a creditors’ suit, from whom discovery is prayed in respect to his indebtedness to the judgment debtor, cannot object to the making of such discovery because the bill waives answer under oath.</p> <p>4. Same—Multifariousness.</p> <p>A creditors’ bill in a federal court, against judgment debtors and another who is alleged to be indebted to them on a legal.demand, is multifarious, as against the latter, where it prays, not only for a discovery and for a decree a