In re Havens
Court of Appeals for the Second Circuit
Petitions to Revise and Appeals from Orders of the District Court of the United States for the Western District of New York. In the matter of James H. Havens, alleged bankrupt. On petitions by bankrupt and by the Exchange National Bank to revise orders of the District Court.
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Petitions to Revise and Appeals from Orders of the District Court of the United States for the Western District of New York. In the matter of James H. Havens, alleged bankrupt. On petitions by bankrupt and by the Exchange National Bank to revise orders of the District Court. On or about November 6, 1917, the Exchange National Bank filed a petition in involuntary bankruptcy against Havens as a person having less than 12 creditors and having for the greater portion of the six months preceding said filing resided and had his principal place of business at Oiean, N. Y., within said Western…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] 1. The petition of Havens asserts in substance that the District Court was without jurisdiction to do anything but dismiss the original petition, and therefore erred in allowing any amendment.
[4] Jurisdiction is no'more (for present purposes) than the power to hear and determine a cause. Byers v. McAuley, 149 U. S. 628, 13 Sup. Ct. 906, 37 L. Ed. 867. Not only did the District Court possess jurisdiction in this fundamental sense, but it was the only court that could originally hear and adjudicate on the matters presented or sought to be presented by the…
2Cases cited17 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Bank v. ShermanSupreme Court of the United States · 1880
- Cameron v. United StatesSupreme Court of the United States · 1914
- In re Sig. H. Rosenblatt & Co.Court of Appeals for the Second Circuit · 1912
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Glint Factors, Inc. v. SchnappCourt of Appeals for the Second Circuit · 1942
- Hovland v. Farmers' State Bank of ChristineCourt of Appeals for the Eighth Circuit · 1926
- In Re FullerCourt of Appeals for the Second Circuit · 1926
- In re BielerCourt of Appeals for the Second Circuit · 1923
- Degnan v. United StatesCourt of Appeals for the Second Circuit · 1921
11 more not listed; retrieve them via the Exa API.