Southern v. Fisher
Supreme Court of South Carolina
Before CARPENTER, J., at Richland, January Term, 1875. This was au action by John P. Southern and L. D. Childs against John Fisher, as trustee of the Citizens’ Savings Bank of South Carolina, bankrupt.
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Before CARPENTER, J., at Richland, January Term, 1875. This was au action by John P. Southern and L. D. Childs against John Fisher, as trustee of the Citizens’ Savings Bank of South Carolina, bankrupt. The complaint alleged that the said bank, a body corporate under the laws of the State, was, on the 1st December 1873, duly adjudged bankrupt under the bankrupt laws of the United States, and that the defendant, John Fisher, had been appointed trustee of its estate; that at the time of the adjudication the bank held as part of its assets two promissory notes signed by the plaintiffs and others,…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
The motion to reverse the order overruling the demurrer must prevail. The exception to the jurisdiction of the Court, in our judgment, admits of no question, notwithstanding the able argument of the counsel for the appellees. It is admitted that the jurisdiction of the District Court of the United' States extends to “the collection of all the assets of the bankrupt.” If, therefore, the conclusion of the Circuit Court is well founded, it can only be exercised at the forbearance of the State Courts. They would thus be converted into Courts…
2Cases cited11 opinions
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- Parker v. BrowningNew York Court of Chancery · 1840
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
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