Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent... The Federal Reporter - Page 2131913Full view - About this book
| John Adriance Bush, United States - 1899 - 712 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. (b.) Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant. (c.) The United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy,... | |
| Theodor Aub - 1899 - 308 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. b— Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant. e — The United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy,... | |
| 1925 - 1344 pages
...which are not applicable to this case) provides that the trustee shall only bring or prosecute suits in courts " where the bankrupt, whose estate is being...instituted, unless by consent of the proposed defendant." It seems to me that the instant case is controlled by the restrictions placed upon the courts of the... | |
| United States. Supreme Court - 1900 - 672 pages
...Circuit Courts," in the first and in the third clauses. The second clause positively directs that " suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." Opinion of the Court. Had there been no bankruptcy proceedings, the bankrupt might have brought suit... | |
| William Miller Collier - 1900 - 918 pages
...Circuit Courts,' in the first and in the third clauses. The second clause positively directs that ' suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant.' Had there been no bankruptcy proceedings, the bankrupt might have brought suit in any State court of... | |
| 1900 - 802 pages
...citizens of the state of Missouri, and because subdivision "b" of section 23 expressly provides that "suits by the trustee shall only be brought or prosecuted...been instituted, unless by consent of the proposed bankrupt." It is claimed that the district court erred in entertaining the bill, and such is the error... | |
| 1900 - 778 pages
...this broad and extensive delegation of power being qualified only by § 25 b., which provides that "Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless... | |
| Barnabas C. Moon - 1901 - 1042 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. "6 Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." if not directly, by Bardes B. Hawarden Bank, 178 US 524, sub nom. Bardes v. First Nat. Bank, 20 Sup.... | |
| Roger Foster - 1901 - 1000 pages
...been instituted, and such controversies had been between the bankrupts and such adverse claimants. Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant. The United States Circuit Courts shall have concurrent jurisdiction with the courts of bankruptcy,... | |
| United States. Supreme Court - 1901 - 648 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. " b. Suits by the trustee shall only be brought or prosecuted...instituted unless by consent of the proposed defendant. " c. The United States courts shall have concurrent jurisdiction with the courts of bankruptcy, within... | |
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