| Minnesota. Supreme Court - Law reports, digests, etc - 1901 - 606 pages
...is based upon subdivision "b" of section 23 of the bankruptcy act of 1898, which is in these words: "Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." 30 St. 544. The defendant claims that the effect of this provision is to impose upon state courts jurisdiction... | |
| Barnabas C. Moon - Circuit courts - 1901 - 1042 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. "6 Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." if not directly, by Bardes B. Hawarden Bank, 178 US 524, sub nom. Bardes v. First Nat. Bank, 20 Sup.... | |
| United States. Supreme Court - Law reports, digests, etc - 1901 - 648 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. " b. Suits by the trustee shall only be brought or prosecuted...instituted unless by consent of the proposed defendant. " c. The United States courts shall have concurrent jurisdiction with the courts of bankruptcy, within... | |
| Roger Foster - Courts - 1901 - 1000 pages
...been instituted, and such controversies had been between the bankrupts and such adverse claimants. Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant. The United States Circuit Courts shall have concurrent jurisdiction with the courts of bankruptcy,... | |
| Roger Foster - Courts - 1901 - 880 pages
...Thompson, 10 Fed. R 116. "In re Williams, 99 Fed. R 544. A later section of the statute provides that "suits by the trustee shall only be brought or prosecuted...been instituted, unless by consent of the proposed defendant"10 A District Court has jurisdiction to enjoin any suit or proceeding in the State court,... | |
| William Alfred Luby - Bankruptcy - 1901 - 328 pages
...been instituted and such controversies had been between the bankrupts and such adverse claimants. b Suits by the trustee shall only be brought or prosecuted...prosecuted them if proceedings in bankruptcy had not it is sufficient if it relates to a mere lien, the controversy being one for possession (Marshall v.... | |
| Appellate courts - 1901 - 820 pages
...but not otherwise," have prosecuted his claim in the district court. The letter of the statute being: "Suits by the trustee shall only be brought or prosecuted...might have brought or prosecuted them if proceedings had not been instituted, unless by the consent of the proposed defendant" (section 1'^b), — it is... | |
| Law reports, digests, etc - 1901 - 1242 pages
...is based upon subdivision "b" of section 23 of the bankruptcy act of 1898, which is in these words: "Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate ig being administered by such trustee, might have brought or prosecuted them, if proceedings in bankruptcy... | |
| Wayland Everett Benjamin - Annotations and citations (Law) - 1901 - 632 pages
...as herein otherwise provided." Section 23,subd. "b," declares that suits by a trustee in bankruptcy shall only be brought or prosecuted in the courts where the bankrupt whose estate the trustee is administering might have brought or prosecuted them in the absence of proceedings in... | |
| Samuel Williston - Bankruptcy - 1902 - 680 pages
...circuit courts," in the first and in the third clauses. The second clause positively directs that " suits by the trustee shall only be brought or prosecuted...might have brought or prosecuted them if proceedings iu bankruptcy had not been instituted, unless by consent of the proposed defendant." Had there been... | |
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