In re Williams
District Court, E.D. Arkansas
In Bankruptcy. This is a petition filed by certain creditors of the bankrupt, alleging that they have instituted proceedings in involuntary bankruptcy against the bankrupt in the district court of the United States for the district of Colorado, of which district the bankrupt is a resident; that said proceedings are still pending in said court undetermined, the return day having been set for' some day in the future; that the bankrupt has large sums of money due him from…
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In Bankruptcy. This is a petition filed by certain creditors of the bankrupt, alleging that they have instituted proceedings in involuntary bankruptcy against the bankrupt in the district court of the United States for the district of Colorado, of which district the bankrupt is a resident; that said proceedings are still pending in said court undetermined, the return day having been set for' some day in the future; that the bankrupt has large sums of money due him from residents of this district, which sums of money petitioners allege are liable to be paid over to him, and by him secreted or…
1Opinion of the Court
TRIEBER, District Judge.
Bankruptcy courts, like all other national courts, although not courts of inferior jurisdiction, are courts of limited jurisdiction. They are creatures of the statute, and possess no powers except those conferred upon them either expressly or by necessary implication. The jurisdiction of the district courts as courts of bankruptcy is to be found in section 2 of the bankruptcy act [U. S. Comp. St. 1901, p. 3420]. The provisions applicable to this case, and which are invoked by learned counsel, are as follows:
“That the courts of bankruptcy * * * are hereby invested…
2Cases cited3 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Lathrop v. DrakeSupreme Court of the United States · 1876
- In re SchromDistrict Court, N.D. Iowa · 1899
3Cited by6 opinions
- Dempster v. Waters Pierce Oil Co.Court of Appeals for the Eighth Circuit · 1909
- In re WilliamsDistrict Court, W.D. Tennessee · 1903
- Hull v. BurrCourt of Appeals for the Fifth Circuit · 1907
- In re BenedictDistrict Court, E.D. Wisconsin · 1905
- In re HartzCourt of Appeals for the Second Circuit · 1905
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