Vallely v. Northern Fire & Marine Insurance
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE ■ EIGHTH CIRCUIT. The case is stated in the opinion. As soon as a petition is filed, the court has the duty, and the statute gives it the power, to decide whether an alleged bankrupt comes within the class that may be declared bankrupt. The decision of that fact involves the exercise of jurisdiction. The jurisdiction is none the less real and valid because the court might decide the question wrongly.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE ■ EIGHTH CIRCUIT. The case is stated in the opinion. As soon as a petition is filed, the court has the duty, and the statute gives it the power, to decide whether an alleged bankrupt comes within the class that may be declared bankrupt. The decision of that fact involves the exercise of jurisdiction. The jurisdiction is none the less real and valid because the court might decide the question wrongly. Neither the allegation nor the fact that the alleged bankrupt is an insurance company, and as such exempt, is jurisdictional. If the court in…
1Opinion of the CourtJustice McKenna
The Insurance Company was adjudged an involuntary bankrupt May 3, 1917, upon petition of its creditors. The petition averred the corporate capacity of the Company under the laws of North Dakota, and that it had been “engaged in the business of insuring property against loss by fire, hail, etc.” Process was duly issued and served, and, the Company making default, an order of adjudication was entered against it. No appeal was taken from the order. The- administration of the estate proceeded in due course, claims presented, assets collected and reduced to money, payments made to protect…
2Cases cited9 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- McCormick v. SullivantSupreme Court of the United States · 1825
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- Morris v. JonesSupreme Court of the United States · 1947
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