Sonneborn v. Libbey
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The complaint alleges that prior to the month of August, 1873, the plaintiff was engaged in business as a merchant in the State of Alabama, and that the defendants, on August 15th, 1873, filed a petition in bankruptcy in the United States District Court of that state against him, praying that he be adjudicated a bankrupt; that a provisional warrant in bankruptcy against the estate of the…
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Appeal from a judgment of this court entered upon the dismissal of a complaint. The complaint alleges that prior to the month of August, 1873, the plaintiff was engaged in business as a merchant in the State of Alabama, and that the defendants, on August 15th, 1873, filed a petition in bankruptcy in the United States District Court of that state against him, praying that he be adjudicated a bankrupt; that a provisional warrant in bankruptcy against the estate of the plaintiff was issued August 16th, 1873, under which his property was attached. Subsequently, on August 21st, 1873, an order of…
1Opinion of the CourtLarremore, J.
[After stating the facts as above.]— The United States District Court, in relation to proceedings in bankruptcy, is a creature of the statute, without either equity or common law powers. It cannot transcend the jurisdiction of the written law which created it (Ex parte Bollman, 4 Cranch 75). The power and authority of the United. States District Court, sitting as a court in bankruptcy, is limited and controlled by the bankrupt law of March 2d, 1867. It is a distinct and separate court, authorized by the statute to perform certain duties and exercise prerogatives within the limits of…
2Cases cited3 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- M. & M. National Bank of Pittsburgh v. Brady's Bend Iron Co.District Court, W.D. Pennsylvania · 1871
- Rosenbaum v. GarnettU.S. Circuit Court for the District of Eastern Virginia · 1879