Matter of Riggs, 214 U.S. 9 (1909)

In re Mary Hatch Riggs


No. 11, Original


Argued April 12, 1909
Decided May 17, 1909
214 U.S. 9

APPLICATION AS ADMINISTRATRIX OF THE GOODS, CHATTELS AND
CREDITS OE CLARKNCE B. RIGGS, DECEASED IN BEHALF OF HERSELF
AND ALL OTHERS SIMILARLY SITUATED, FOR A WRIT OF MANDAMUS
AGAINST THE HONORABLES GEORGE C. HOLT AND CHARLES M. HOUGH,
JUDGES OF THE DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NEW YORK, AND AGAINST THE DISTRICT
COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Mandamus is not a proper substitute for a writ of error.

Where the bankruptcy court, in adjudicating a corporation a bankrupt, is called upon to decide, and does decide, a question of fact, or of mixed law and fact, that adjudication cannot be reviewed by proceedings in mandamus. In re Pollitz, 206 U.S. 323; In re Winn, 213 U.S. 458.

Where the evidence sustaining an application for an adjudication in bankruptcy is not disclosed, this Court will not assume that it was not sufficient.

Mandamus to the bankruptcy court to dismiss proceedings in bankruptcy against a corporation because the petition failed to show that the principal business of the bankrupt was trading, printing, publishing, mining, manufacturing or a mercantile pursuit, refused.

The facts are stated in the opinion.