Goodier v. Barnes

Goodier v. Barnes, 94 F. 798 (1899)

Court: U.S. Circuit Court for the District of Northern New York · Historical Federal Courts
Decided: June 19, 1899
Judges: Coxe
Citations: 94 F. 7981899 U.S. App. LEXIS 3101

Cited by 3

Headnotes

1. Bankruptcy — Jurisdiction of Circuit Court — Citizenship. Under Bankruptcy Act 1898, § 23, a circuit court of tlie United States has no jurisdiction of a bill in equity by a trustee in bankruptcy to set aside an alleged fraudulent conveyance of property by the bankrupt, when the bankrupt, the trustee, and the defendant are all citizens of the same state. 2. Same. Clause c of section 23, providing that “the United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy, within their respective territorial .limits, of the offenses enumerated in this act,” has no applicability to civil actions; the “offenses enumerated” meaning the crimes described in section 29.

Summary

In Equity. Motion to dismiss the bill on the ground that this court has no jurisdiction of the action, which is brought by a trustee in bankruptcy to set aside an alleged fraudulent transfer by the bankrupt of his property. All the parties are citizens of this state and reside in this district.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Coxe

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COXE, District Judge.

No papers have been submitted on this motion except the briefs. The court understands that no objection is made to the form of the motion and that the sole question which counsel desire the court to determine is whether or not the circuit court has jurisdiction of the action. The court has been unable to find an authority sustaining the jurisdiction; none is cited. A persuasive argument, sustained by several recent decisions, can be advanced in favor'of the jurisdiction of the district court in these cases, but this conclusion, if affirmed, will not aid the complainant. Although the authorities are not in accord as to the proper construction of the present act, they all, apparently, agree that section 23 prohibits the circuit court from entertaining jurisdiction of actions of this character. Burnett v. Mercantile Co., 91 Fed. 365 ; Mitchell v. McClure, Id. 621; In re Sievers, Id. 366; Carter v. Hobbs, 92 Fed. 594 ; In re Abraham 93 Fed. 767 ; Hicks v. Knost, 1 Nat. Bankr. News, 336, 94 Fed. 625 .

*799 The proposition that paragraph c of section 23 of the act is applicable to a civil action cannot be maintained. It is limited by express words to “the offenses enumerated in this act,” namely, the crimes described in section 29. The motion is granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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Relies on it most ⓘ

Lowenstein v. Reikes54 F.2d 481 (2d Cir. 1931)
Murray v. Beal97 F. 567 (D. Utah 1899)
Louisville Trust Co. v. Marx98 F. 456 (D. Ky. 1899)

Most recent

Lowenstein v. Reikes54 F.2d 481 (2d Cir. 1931)
Louisville Trust Co. v. Marx98 F. 456 (D. Ky. 1899)
Murray v. Beal97 F. 567 (D. Utah 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Bernheimer v. Bryan, 93 F. 767 (5th Cir. 1899)	35
	Carter v. Hobbs, 92 F. 594 (D. Ind. 1899)	27
	Hicks v. Knost, 94 F. 625 (S.D. Ohio 1899)	13
	Burnett v. Morris Mercantile Co., 91 F. 365 (D. Or. 1899)	10

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