Plymouth Cordage Co. v. Smith, 194 U.S. 311 (1904)

Plymouth Cordage Company v. Smith

No. 666

Submitted April 6, 1904
Decided May 16, 1904
194 U.S. 311

CERTIFICATE FROM THE CIRCUIT COURT

OF APPEALS FOR THE EIGHTH CIRCUIT

Syllabus

The Circuit Court of Appeals for the Eighth Circuit has jurisdiction to

superintend and revise, in matter of law, proceedings of the district

courts of the Territory of Oklahoma in bankruptcy.

This was a petition to the Circuit Court of Appeals for the Eighth Circuit to superintend and revise, in matter of law, certain proceedings in bankruptcy had in the District Court of Kingfisher County, Oklahoma, on which a question or proposition of law arose concerning which that court desired the instruction of this Court, and accordingly granted a certificate setting forth: (1) section 24a, b, of the bankruptcy law; (2) the order of this Court of May 11, 1891, assigning the Territory of Oklahoma to the Eighth Judicial Circuit pursuant to section 15 of the Judiciary Act of March 3, 1891; (3) the filing of the petition to superintend and revise in matter of law the proceedings of the District Court of Kingfisher County, Oklahoma, in the following particulars:

(a) On March 23, 1903, a petition was pending in said court to adjudge J. A. Smith an involuntary bankrupt. The district court on that date permitted three creditors to withdraw from said petition.

(b) On April 6, 1903, the District Court of Kingfisher County, Oklahoma, sustained a motion to dismiss a petition in involuntary bankruptcy theretofore filed against J. A. Smith.

(c) On April 6, 1903, the District Court of Kingfisher County, Oklahoma, denied the prayer of certain creditors of J. A. Smith, asking leave to join in the petition in involuntary bankruptcy against J. A. Smith.

(d) On April 14, 1903, the District Court of Kingfisher County, Oklahoma, refused to permit certain creditors of J. A. Smith to file a motion asking the court to set aside the order of April 6, 1903, dismissing the petition in involuntary bankruptcy against J. A. Smith.

(4) That petitioners prayed the court "to set aside each and all of the foregoing orders so entered by the District Court of Kingfisher County, Oklahoma."

And propounding the following question or proposition of law:

Does the United States Circuit Court of Appeals for the Eighth Circuit have the jurisdiction to superintend and revise, in matter of law, the proceedings of the District Court of Kingfisher County, Oklahoma, in bankruptcy?