Roberts v. Davis

(after stating the facts as above). The jurisdiction of this court is invoked as ancillary to the proceedings in bankruptcy in the bankruptcy court of original jurisdiction; the defendants residing within this, the Middle, district of Alabama. Progressive Bldg. & Loan Co. v. Hall, 220 F. 45, 135 C. C. A. 613; Musica v. Prentice (5th C. C. A.) 211 F. 326, 127 C. C. A. 575.

The chief insistence of the defendants is that this is a suit against the state, and therefore not maintainable. This cannot be assented to. It must be conceded that the District Courts of the United States have paramount and…