David Josiah Brewer

“ After months had passed, much business had been transacted and large responsibilities assumed, the corporation, for the benefit of a few creditors and to destroy the equality between all, comes in with the technical objection that the creditors initiating the proceedings should have taken one step more at law before coming into equity. But the maxim, 'He who seeks equity must do equity,' is as appropriate to the conduct of the defendant as to that of the complainant ”

“ The appellant was a corporation, created under the laws of the state of Ohio, and each of the complainants was a creditor; two holding claims evidenced by notes not then due, and the other, the Negaunee Concentrating Company, holding a judgment. The prayer of the bill was for the appointment of a receiver to take charge of the property and assets of the defendant, and for such other and further relief as was proper. On the same day the defendant entered its appearance, and accepted service of notice of a motion for the appointment of a receiver ”

“ Good faith and early assertion of rights are as essential on the part of the defendant as of the complainant. This matter has recently been before this court in Reynes v. Dumont, 130 U.S. 354, 395, 9 Sup. Ct. Rep. 486, and was carefully considered, and the rule, with its limitations, thus stated: 'The rule as stated in 1 Daniell's Chancery Practice, (4th Amer. Ed.) 555, is that if the objection of want of jurisdiction in equity is not taken in proper time, namely, before the defendant enters into his defense at large, the court, having the general jurisdiction, will exercise it ”