Lathrop v. Drake

delivered tbe opinion of tbe court.

Tbe question in this case is, whether, under tbe Bankrupt Act as passed in 1867, an assignee in bankruptcy, without regard to tbe citizenship of tbe parties, could maintain a suit for tbe recovery of assets in a circuit court of the United States in any district other than that in wbicb tbe decree of bankruptcy was made; if not, whether tbe amendatory act of 1874 (18 Stat. 178, sect. 8) validated such a suit already commenced.

Tbe jurisdiction of tbe circuit courts in cases of bankruptcy, as conferred by tbe act of 1867, was twofold, — original and appellate;…