140 TITLE xm.—THE J UDICIARY.—Ch. 12. Spiw in equity Sm. 738. When any defendant in a suit in equity be enforce guy le?! “!“’“’* "·b°°“{).d°; or equitable lien or claim against real or persopal property within t c f°mdmt°’?°s: lf?district where the suit is brought is not an inhabitant of nor found within €§?;¥nylnt M is- the said district, and does n0tv0luntaril)*apg>ear thereto, it shall be law-
- iI··T3Té“‘ ful for the court to make an order directing spch absent defendant Fo
255 ;?§’v_ s,; appear, plead, answer, or dcmur tohthe pgmglunneznghbnll at 3 rerun; 198: ’ day therein to be designated; and t c sm or er s a >e serve on suc 3 Mar. i$75. ¢‘- ahsént defendant, if practicable, wherever found, Ol', where such ersonal }g7;)E’· ;7:JG§12;§· service is not Yracticahle. shall be (£;1blished in such manner as tge court I . • _L-A-;;.-J.>7; ehall direct. fsuch absent defen nt docs not a ar lead, answer _B*¤2h¤m "· Lf1d` gr demur within the time so limited, or within s0n£)cP?u1:t£er time to bé g;¥$°°Q;L2lE:t; hx allowed by the court in its discretion. it shall be lawfulforthe court. upon Kegk‘,k_ 2 pm" proof of the service or publication of tl{e said order, qnd_0f_the perform- 499; Parsons ··. ance of the directions contained therein. to cutertmn jurisdiction. and {*<>§§§’d· 2,“"({°d’· proceed to the hearing and adjudication of such suit, in the same manncg
- y' g°'° S `”°’ as if such absent defendant had been served with process within the sai
2’ “Gods' 1M` district. But the- said adjudication shall, as regards such absent defendant without aéxpearunce. atfe-ct his property within such district only. Suits against in- Sec. 739. xcept in the cases provided in the next three sections. no habitants of l'ni— person shall he arrested in one district for trial in another. in any civil
- 3** *8}:*;* *f;\ **9 action before a circuit or district court: and except in the said cases and
thr£_“;°;Side xr gg the cases_ provided Qy the preceding section. no y·iv1l suit sha!] be brlought fouhd. before either of mud courts agamst an inhabitant of the L mted btates, @28 t l§qf§ bv any original process, in smv other district than that of which he is an •· ‘ P ·v ‘L · .t . . . * . . . 20, s. 11, v. 1, p. .9. inhabitant or m wb10h he IS found at the time of serving the wut. 4 M , 1858, . 27, ss.·¥2, v. llfp. 272. 1 June, 1872, c. 255, s. 13, v. 17, p. 198; 3 Jlar., 1875, ¢·. 137, ss. 1, 7, 8, 10, v. 18, pp. 470, 472, 473.—Pnllard & Picket r. Dwight, 4 Cr., 421; Logan 1-. Patrick, 5 Cr., 288; Gracie r. Palmer, 8 \\`h., 699; Tnland r. Sprague, 12 Pet., 300; Levy v. Fitzpatrick, 15 Pet., 16Ti]Hernd01é Ridgwa)*17;_fH0w., 424; Harrison r. Rowan, 1 P . C. (‘.. 489; Segee ·. T omas, 3 atch., 11; . 0 at r.$0ley, 2Puin•:, 103; Fla dem enefnsumxace Company; 3 Mas., 158; Picquet 1·. Swan, 5 Mus., 35; Myers r. Dog; 13 Blntch., 22 Suits no; ofalo- Sec. 740. When a State contains more than one district, every suit
- 1 *:$‘{’*> m $3*3 not of a local nature, lll the c1rcu1t or district courts thereof, against a
gqgrigqgng R single icfengant, ishabitunt ofh such State, must be brou§ht in the dis- - - —_ trict w ere c resi es· but if t are are two or more defen ants, residing B ‘{1??;·ll8;§·;7;{ · in giffSrar¥: districts Jr the State, it nnqy be brought in either district. ` 2; Ii ,,_j mm, (._ an a u mate wut may hq issued agmnst the defendants, directed to 54,¤,9,ev.12, ;E662. the n1=pr5p\ of any other district in which any defendant resides. The 3 .'V¤r-L18¤5» <‘- clerk issuing the duplicate writ shall indorse thereon that it is 21 true }3§b’“;;‘i?69j£,g· cop): of a whrit sugd out of the court of the proper district; and such 43-3_‘ ’ " omgmal gn duplicate W\'lt»S, when executed and l`€tll1'h(‘d into the ofH<·0 I —ikCfrom whnqh they issue. shall constitute and be proceeded on gs one suit; I__ri;’°k ECCO Q6 {md upon any tludgment or decree rendered thepenn, cxecuuon may bc ],{m(,h_', E2 " nssued, tg thefn1x1rsh::.l of any digtrict E1 thafsume Stated suns 05 u10m] Sec. . nsmts 0 :1 oca nature, w arc t 0 de endant resi cs in u. nnturp ju States diifcmnt district, in the same State. from that in which the suit; is brought,
- i9'=*·!*;"8 S°"°"*l the plaintiff may have original and iinal process against him. directed to
T {"_ ‘_ the marshal of the district in which he resides. 47: Bjjg', 1858, 0. 27, s. l, v. ll, p. 272. 3 Ihr., 1875, r. 137, M. I, T, 8, 9, 10, r. 1S,pp. 470; u, 1 . d%`h¢¤'¤¤:](Ui¢§i¤ Sec. T42. Any_suit of 2. local nature, at law 01- in equity. where the O} ;'n‘;‘;tSm;;"‘*`“ land o1·3ther slub]ect-n1a:]ter of ahiixe-c} character lies partly in one dis- ~. e";.. trict an part y in zmct er, wit in t nc saune State mav be brought in ‘;M?>¥}858»;}*;7· the circuit or district vqury of either district; and time (·mu·t; 'iu which it °‘ *" *p‘ ·‘ is broughgi shfnll have ]u1{sd1ct10r§ to émar and decide it, and tm}; cuuss mesnc or nu process to »c issue; an executed as fully as if t a sui subject-nuattw were wholly within the district fzw which such court is constitute . In[ndi¤ma;whem Sec. 7+3. In the district of Indiana all actions of which the circuit ¤°*'°¤;;l“¤Y b° and district courts have ]urisciction may be instituted in said courts. 99E`"}`" %_;_. respectively, held at New Albany and Evansville, in the first instance. by
