Wickliffe v. Eve,
Annotate this Case
58 U.S. 468 (1854)
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U.S. Supreme Court
Wickliffe v. Eve, 58 U.S. 17 How. 468 468 (1854)
Wickliffe v. Eve
58 U.S. (17 How.) 468
Where a judgment had been obtained in the Circuit Court of the United States for the District of Kentucky in a suit brought by a citizen of Maryland against certain persons in Kentucky, and the judgment was afterwards perpetually enjoined at the instance of the defendants, and a bill was filed by a citizen of Kentucky against the original defendants, who were also citizens of Kentucky, this bill was properly dismissed by the court for the want of jurisdiction.
The circumstance that the complainant claimed that this was in the nature of a bill of review of the decree which was passed in a suit between citizens of different states, was not sufficient to devest it of the character of an original bill.
Moreover, the administrator of a deceased partner had no right to interpose and claim a debt due to the partnership. It was the right of the surviving partner to settle up the concerns of the firm.