Legal Opinion

Stickney v. Wilt

Supreme Court of the United States

Decided November 23, 1874No. 37PublishedCited by 24 opinions

By the Bankrupt Act it is thus in effect enacted: “Section 1. That the several District Courts be ... courts of bankruptcy, and shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy. . . . And the jurisdiction shall extend to all cases and controversies arising between the bankrupt and any creditor who shall claim any debt or demand under the bankruptcy, to the collection of all the assets of the bankrupt; to the…

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By the Bankrupt Act it is thus in effect enacted: “Section 1. That the several District Courts be ... courts of bankruptcy, and shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy. . . . And the jurisdiction shall extend to all cases and controversies arising between the bankrupt and any creditor who shall claim any debt or demand under the bankruptcy, to the collection of all the assets of the bankrupt; to the ascertainment and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and…

1Opinion of the Court

Mr\ Justice CLIFFORD,

having stated the case, delivered the opinion of the court.

Two principal objections are taken to the proceedings, as tending to show that this court has no jurisdiction to hear and determine the ease under the powers conferred by the Bankrupt Act:

1st. Because the original pleading in the District Court is a suit in equity, commenced under the third clause of the second section of the Bankrupt Act, which eould only be removed into the Circuit Court by appeal, as provided in the eighth section of that act.

2d. Because an appeal will not lie from the Circuit Court to this…

2Cases cited2 opinions

  1. Barnes v. WilliamsSupreme Court of the United States · 1826
  2. Riggs v. LindsaySupreme Court of the United States · 1813

3Cited by24 opinions

  1. United States v. CorrickSupreme Court of the United States · 1936
  2. Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
  3. Wayne Prater v. Pennsylvania Department of CorCourt of Appeals for the Third Circuit · 2023
  4. In re BaudouineCourt of Appeals for the Second Circuit · 1900
  5. In re SteuerDistrict Court, D. Massachusetts · 1900

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