Tootle v. Coleman

Citations

• 107 F. 41

Syllabus

<p>1. Garnishment — Debt Dub Creditor of Another State Subject to.</p> <p>The right to garnish a debtor is not limited to the situs of the chose in, action, and a garnishment by a citizen of one state of a debtor of the same state, whose creditor resides, whose debt was contracted and is/ payable in another state, is such an attachment of the chose in action as will authorize the court to obtain jurisdiction to dispose of it by publication of the summons against the defendant.</p> <p>2. Removal — Estoppel from Denying Jurisdiction.</p> <p>One who removes a case from a state to the federal court is estopped from attacking the jurisdiction of the latter upon any ground except that the court from which it was removed had no jurisdiction.</p> <p>3. Party Conducting Defense in Another’s Name Estopped by Judgment.</p> <p>One who instigates another to do a wrongful action, and, when the wrongdoer is sued, takes upon himself and conducts the defense of the ease, is estopped from again litigating with the plaintiff in that action1 the issues there decided.</p> <p>4. Defect of Parties Waived by Failure to Present by Demurrer or Answer to the Merits.</p> <p>A defect of parties plaintiffs or defendants through misjoinder or non-' joinder is waived by a failure to suggest the same by demurrer or answer.</p> <p>5. Creditor Instigating Conversion and Defending Converter Bound by Judgment against Him. ' '</p> <p>A creditor who indemnifies an officer against damages for seizing and converting property, and defends an action against the officer individually for the conversion, is estopped by the judgment against him' from' again litigating with the plaintiffs in that action the issues there decided.</p> <p>(Syllabus by the Court.)</p>