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Murphy v. John Hofman Co., 211 U.S. 562 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Murphy v. John Hofman Co., 211 U.S. 562 (1909)
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Murphy v. John Hofman Company No. 33 Argued December 1, 2, 1908 Decided January 4, 1909 211 U.S. 562
IN ERROR TO THE COURT OF APPEALS
OF THE STATE OF NEW YORK
Syllabus
Where the bankruptcy court has the actual possession of property, the title to which is in dispute, that property is withdrawn from the jurisdiction of other courts, and, independently of any jurisdiction conferred by statute, the bankruptcy court, as is the case with other federal and state courts, has ancillary jurisdiction to hear and determine all questions respecting such title, and such jurisdiction cannot be disturbed by the process of any other court. Wabash Railroad v. Adelbert College, 208 U.S. 38.
Where one who has no other connection with the property is appointed receiver, his possession is that of the court, and not that of an individual.
The seizure of goods in the possession of a receiver in bankruptcy, under a writ of replevin issued by a state court against the receiver, individually, held in this case to be an unlawful invasion of the possession of the bankruptcy court.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Murphy v. John Hofman Co., 211 U.S. 562 (1909) in 211 U.S. 562 211 U.S. 564. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=UGZ4B8R3GVRCME1.
MLA: U.S. Supreme Court. "Syllabus." Murphy v. John Hofman Co., 211 U.S. 562 (1909), in 211 U.S. 562, page 211 U.S. 564. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UGZ4B8R3GVRCME1.
Harvard: U.S. Supreme Court, 'Syllabus' in Murphy v. John Hofman Co., 211 U.S. 562 (1909). cited in 1909, 211 U.S. 562, pp.211 U.S. 564. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=UGZ4B8R3GVRCME1.
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