Rutledge v. Waldo

WALLACE, Circuit Judge.

This is a bill of revivor to carry into effect a decree against the defendants in a suit which has abated by the deatli of the original complainant;. While it is no doubt true that generally the sole questions before the court in such a hill are the competency of the parties and the correctness of the frame of the bill to revive, I have no doubt that the defense introduced to the present bill, that the original decree was obtained without jurisdiction of the persons of the defendants, is good if established by the proofs, because, in that event, the original decree…