George Shiras, Jr.

“ Our conclusion is that the superior court of Cook county erred in its decree perpetually enjoining and restraining the Farmers' Loan & Trust Company, the plaintiff in error, from proceeding with or prosecuting the said foreclosure suit in the circuit court of the United States, and from acting in any manner whatsoever under and by virtue of the terms, provisions, and conditions of the said mortgage ”

“ The contention that the jurisdiction of the state court first attached because, although the suit therein was not commenced till after the commencement of the suit in the Federal court, the summons issued by the state court was served before the service of the writ of subpoena issued by the Federal court, is not well founded.
A suit in equity is commenced by filing a bill of complaint. ”

“ It is true that in applying the doctrine of lis pendens to the case of a third person who is a bona fide purchaser, notice is held to begin from the date of service of the subpoena, and not from the filing of the bill. ”