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Mitchell v. McClure

Mitchell v. McClure, 178 U.S. 539 (1900)
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Court
Supreme Court of the United States
Decided
May 28, 1900
Docket
No. 237
Judges
Gray
Citations
178 U.S. 53920 S. Ct. 100044 L. Ed. 11821900 U.S. LEXIS 1699
Syllabus
A District Court of the United States has no jurisdiction, without the proposed defendant’s consent, to entertain an action of replevin by a trustee in bankruptcy to recover goods conveyed to the defendant by the bankrupt in fraud of the Bankrupt Act and of his creditors. Bardes v. Hawarden Bank, ante, 524, followed.
Summary
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. The case is stated in the opinion of the court.

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

Opinion — Gray

Mr. J ustioe Gray delivered the opinion of the court.

This was an action of replevin in the District Court of the United States for the Western District of Pennsylvania by a trustee in bankruptcy, appointed by that court, a citizen of Pennsylvania, to recover a stock of goods, of the value of $2500, in the possession of the defendants, citizens of Pennsylvania and residents of that district, and alleged to have been conveyed to them by the bankrupt, within four months before the institution of proceedings in bankruptcy, in fraud of the Bankrupt Act of 1898, and of the creditors of the bankrupt. The District Court, on motion of the defendant, held that it had no jurisdiction to entertain such an action, and therefore ordered it to be abated. 91 Fed. Bep. 621. The plaintiff sued out a writ of error from this court, and the District Judge certified that the question of jurisdiction was the sole question in issue.

For the reasons stated in Bardes v. Hawarden Bank, ante, 524, just decided, The.ffiidgmeni is affirmed.

How later courts describe this case

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

Cited by 19 cases

View all citing references →
1901: 31902: 21905: 11906: 31907: 11908: 11912: 21913: 11916: 11921: 11922: 11924: 11963: 119012026peak 1901 · 3

Relies on it most ⓘ

  1. In re Thompson276 F. 313 (W.D. Pa. 1921)
  2. In re Thompson284 F. 65 (3d Cir. 1922)
  3. Philip I. Palmer, Jr., Trustee for Carl Benjamin Schafer, Bankrupt v. Travelers Insurance Company319 F.2d 296 (5th Cir. 1963)
  4. Johnston v. Spencer195 F. 215 (8th Cir. 1912)
  5. In re Tune115 F. 906 (N.D. Ala. 1902)
  6. Horner-Gaylord Co. v. Miller & Bennett147 F. 295 (N.D.W. Va. 1906)

Most recent

  1. Philip I. Palmer, Jr., Trustee for Carl Benjamin Schafer, Bankrupt v. Travelers Insurance Company319 F.2d 296 (5th Cir. 1963)
  2. Taubel-Scott-Kitzmiller Co. v. Fox264 U.S. 426 (1924)
  3. In re Thompson284 F. 65 (3d Cir. 1922)
  4. In re Thompson276 F. 313 (W.D. Pa. 1921)
  5. De Friece v. Bryant232 F. 233 (E.D. Ky. 1916)
  6. Le Master v. Spencer203 F. 210 (8th Cir. 1913)

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 0

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