In re J. H. Small Shoe Co.

D. Connecticut

In re J. H. Small Shoe Co.

4 F.2d 618

CourtDistrict Court, D. Connecticut

DecidedAugust 15, 1924

StatusPublished

Cited by1 cases

This text of 4 F.2d 618 (In re J. H. Small Shoe Co.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re J. H. Small Shoe Co., 4 F.2d 618 (D. Conn. 1924).

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Opinion

HOWE, District Judge.

Before as well as since the amendment of section 2 of the Bankruptcy Act, by adding subsection 20, the court of bankruptcy in any district has had “ancillary jurisdiction over persons or property within their respective territorial limits in aid of a receiver or trustee appointed in any bankruptcy proceedings pending in any other court of bankruptcy. Chapter 412, § 2, 36 Stat. 839 (Act June 25, 1910; Comp. St. § 9586); In re Peiser (D. C.) 7 Am. Bankr. Rep. 690, 115 F. 199; Babbitt v. Dutcher, 23 Am. Bankr. Rep. 519, 216 U. S. 102, 30 S. Ct. 372, 54 L. Ed. 402, 17 Ann. Cas. 969; Matter of Flaherty (D. C.) 45 Am. Bankr. Rep. 638, 265 F. 741; Collett v. Adams, 43 Am. Bankr. Rep. 496, 249 U. S. 545, 39 S. Ct. 372, 63 L. Ed. 764; Lazarus v. Prentice, 32 Am. Bankr. Rep. 559, 234 U. S, 263, 34 S. Ct. 851, 58 L. Ed. 1305; Collier on Bankruptcy (13th Ed.) p. 48.

Consequently this court has jurisdiction to enter a decree upon a decree of the United States District Court for the Southern District of New York, to aid the trustee appointed by that court to enforce that decree; it being admitted that the identity of the parties is the same, and that the defendant has not turned over to the trustee the sum of $10,000 in obedience to that decree, and he having moved from that district into this district.

Let a decree be entered accordingly.

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HOWE, District Judge.

Before as well as since the amendment of section 2 of the Bankruptcy Act, by adding subsection 20, the court of bankruptcy in any district has had “ancillary jurisdiction over persons or property within their respective territorial limits in aid of a receiver or trustee appointed in any bankruptcy proceedings pending in any other court of bankruptcy. Chapter 412, § 2, 36 Stat. 839 (Act June 25, 1910; Comp. St. § 9586); In re Peiser (D. C.) 7 Am. Bankr. Rep. 690, 115 F. 199; Babbitt v. Dutcher, 23 Am. Bankr. Rep. 519, 216 U. S. 102, 30 S. Ct. 372, 54 L. Ed. 402, 17 Ann. Cas. 969; Matter of Flaherty (D. C.) 45 Am. Bankr. Rep. 638, 265 F. 741; Collett v. Adams, 43 Am. Bankr. Rep. 496, 249 U. S. 545, 39 S. Ct. 372, 63 L. Ed. 764; Lazarus v. Prentice, 32 Am. Bankr. Rep. 559, 234 U. S, 263, 34 S. Ct. 851, 58 L. Ed. 1305; Collier on Bankruptcy (13th Ed.) p. 48.

Consequently this court has jurisdiction to enter a decree upon a decree of the United States District Court for the Southern District of New York, to aid the trustee appointed by that court to enforce that decree; it being admitted that the identity of the parties is the same, and that the defendant has not turned over to the trustee the sum of $10,000 in obedience to that decree, and he having moved from that district into this district.

Let a decree be entered accordingly.

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4 F.2d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-j-h-small-shoe-co-ctd-1924.

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