Bush v. Elliott, 202 U.S. 477 (1906)

Bush v. Elliott


No. 245, 246


Argued April 24, 25, 1906
Decided My 21, 1906
202 U.S. 477

ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF ALABAMA

Syllabus

Where, by reason of the amount involved and the diverse citizenship existing, the bankrupt might have sued the defendant in the Circuit Court of the United States, independently of the bankruptcy proceedings, under § 23 of the act of 1898, that right is preserved to the trustee, and the citizenship of the latter is wholly immaterial to the jurisdiction of the court in such a case.

The facts are stated in the opinion.