Schweer v. Brown, 195 U.S. 171 (1904)

Schweer v. Brown

No. 162

Submitted October 31, 1904
Decided November 7, 1904
195 U.S. 171

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF ARKANSAS

Syllabus

Where the question is whether a district court sitting in bankruptcy could proceed in a summary way in the particular instance, the jurisdiction of the United States court as such is not in question, and § 5 of the Judiciary Act of March 3, 1891, has no application.

Mueller v. Nugent, 184 U.S. 1; Louisville Trust Co. v. Comingor, 184 U.S. 18, approved on the point that the bankruptcy court has jurisdiction to determine in the first instance whether a summary proceeding can be maintained. If it errs in so proceeding the remedy is under § 24b of the Bankruptcy Law.