Schumacher v. Beeler, 293 U.S. 367 (1934)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 293 U.S. 357, click here.

Schumacher v. Beeler

No. 215

Argued November 16, 1934
Decided December 17, 1934
293 U.S. 367

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. Section 23(b) of the Bankruptcy Act, as amended, operates as a grant of jurisdiction to the District Court of suits brought by trustees in bankruptcy against adverse claimants, provided the defendants consent to be sued in that court, although the suits be such that the bankrupts could not have brought them in that court if the proceedings in bankruptcy had not been instituted. P. 371.

2. Of suits falling within the exceptions specified in § 23(b) -- namely, suits for the recovery of property under §§ 60(b), 67(e), and 70(e) -- the District Court has jurisdiction without the defendants’ consent. P. 376.

71 F.2d 831 affirmed.

Certiorari to review a decree reversing a decree of the District Court which dismissed the cause for want of jurisdiction. This was a plenary suit by a trustee in bankruptcy against a sheriff to enjoin the sale of property of the bankrupt under an execution from a state court.