8 FEDERAL snronrsk.
trict of Mississippi, and one for each district in the states not herein named.-
and shall be called the circuit courts for the districts for which they are estab-
lished." Rev. St. § 608.
The amendatory act, (Supp. Rev. St. 490, supra,) which estab.
lishes the circuit courts in the northern district of Texas, does not
establish more than one circuit court in the district, and does not
save to the citizen of said district the right to be sued in the circuit
court only at certain places therein.
We can understand, easily, from the general phraseology of the
several acts referred to, that the intention to create several divisions
in the northern district, in which residents could only be sued in the
circuit courts, existed in the minds of whoever drew the acts in ques-
tion, but congress did not carry this intention into the law actually
passed.
The only restriction that we End as to the place where parties may
be sued in thecircuit courts of the United States, is found in the ju-
risdiction act of March 3, 1875, which, for this and like cases, pro-
vides: "And no civil suit shall be brought before either of said courts
against any persons,by any original process or proceeding, in any
other district than that whereof he is an inhabitant, or in which he
shall be found at the time of serving such process or commencing
such proceedings, except as hereinafter provided ;" from all of which
it follows that this suit was rightfully instituted in this court, and the
demurrer should be overruled. .
MCCORMICK, J., concurs.
MoNr0non ·v. Prrnnrs and another. V ,
(Circuit Court, E'. D. Michigan. December 26, 1882.)
1. JURISDICTION—SUIT nr Puncnasmu or Psmvivnivs lnrnunsr yr Exncurrou
ssrn-Aceoourme.
A purchaser at an execution sale of the interest of one partner in the partner-
ship assets, if such purchaser be a non-resident of the state, may maintain a
` bill in equity against the remaining partner for a division of such assets and an
accounting, notwithstanding the fact that the partner, whose interest is so pur-
chased, could not himself have tiled such bill, for want of the requisite citizen-
ship.
2. SsMn—Surr nr Assrc1<nn—Ac·r 1875, § 1.
Such suit is not " founded upon contract in favor of an assignce," within the
meaning of the tirst section of the uct of 1a>75.