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9 U.S. 288

Logan v. Patrick

Supreme Court of the United States

Decided February 1, 1809

Supreme Court of the United States · decided 1809-02

THIS was a case certified from the circuit court f°r the 7th circuit and district of Kentucky, in which the judges below differed in opinion upon the flowing questions : Whether the complainant, (Logan,) who is a citi¿en .of the state of Kentucky, .and is so stated in the pleadings, can maintain this suit, in this court, against the defendant, who is a citizen and inhabitant of the state of Virginia, and is so stated in the pleadings, upon the following case : John Patrick…

Relies on Rush v. Parker

Good law ✅— No negative treatment on recordhow we know

Certification to/from lower court · 7–0 · Decided 1809-02

How this case has been cited

Cited by 22 later decisions (5 by the Supreme Court) — most recently January 1998

3 federal appellate · 2 district ·

4018091810182018301840185018601870188018901900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The circuit mctioq^in1 a suit iii equity, '£edingJs upon A judgment at dm same ""ar tí«9,SaSthough the ^uhpoiiia the^defendant ont of- the. the court'"sits, '

¶2THIS was a case certified from the circuit court f°r the 7th circuit and district of Kentucky, in which the judges below differed in opinion upon the flowing questions :

¶3Whether the complainant, (Logan,) who is a citi¿en .of the state of Kentucky, .and is so stated in the pleadings, can maintain this suit, in this court, against the defendant, who is a citizen and inhabitant of the state of Virginia, and is so stated in the pleadings, upon the following case : John Patrick obtained, in this court a judgment in ejectment against David Logan, who filed a bill in equity against him to be relieved against the judgment, and to compel a conveyance of the land, and obtained an injunction to stay proceedings-on the judgment; biit the subpoena was not'served in the district of Kentucky, Can this,court entertain jurisdiction of the cause ? If not, does the defendant’s answering the bill, without insisting upon the - objection that the' process’ was not served upon him in the district of Kentucky, authorize the court to entertain the cause ?

¶4The'Court, upon the fiTst opening of the case, *289said there .could be no doubt of the jurisdiction of the court below, and ordered it to be certified accordingly.

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