Schweer v. Brown

Supreme Court

Schweer v. Brown

195 U.S. 171, 25 S. Ct. 15, 49 L. Ed. 144, 1904 U.S. LEXIS 743

CourtSupreme Court of the United States

DecidedNovember 7, 1904

Docket162

StatusPublished

Cited by22 cases

This text of 195 U.S. 171 (Schweer v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schweer v. Brown, 195 U.S. 171, 25 S. Ct. 15, 49 L. Ed. 144, 1904 U.S. LEXIS 743 (1904).

Pincite

Opinion

The Chief Justice

: This was a summary proceeding in the District Court of the United States for the Eastern District of Arkansas, in bankruptcy, requiring the’ payment to the trustee in bankruptcy of the sum of two thousand dollars as part of the assets of the bankrupt’s estate. In return to a rule, one of the respondents alleged that he had paid the money over to the other and denied the jurisdiction of the court. The other, Mrs. Schweer, denied that she had or ever had had any money belonging or due to the estate, and denied jurisdiction. The matter was heard before a referee, who made findings of fact and conclusions of law, and ordered the return of the money. It was then carried to the District Court and there heard de novo. The District Court sustained the referee and entered decree for the payment of the money to the trustee. Thereupon an appeal was taken directly to this court'on the *172 ground that the case fell within the first of the classes of cases enumerated in section five of the judiciary act of March 3, 1891. - But that class only includes cases-where the question is as to the jurisdiction of courts of the United States as such, and the question has to be certified. That was not the question raised here, and none such was certified. And it is settled that the District'Court, had jurisdiction to determine whether any adverse-claim to the money was asserted at the time the petition was filed. Mueller v. Nugent, 184 U. S. 1; Louisville Trust Company v. Comingor, 184 U. S. 18.

If the court erred in retaining jurisdiction on the merits, the remedy was by petition to the Circuit Court of Appeals under § 246 of the bankruptcy law. Holden v. Stratton, 191 U. S. 115.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

The Chief Justice

: This was a summary proceeding in the District Court of the United States for the Eastern District of Arkansas, in bankruptcy, requiring the’ payment to the trustee in bankruptcy of the sum of two thousand dollars as part of the assets of the bankrupt’s estate. In return to a rule, one of the respondents alleged that he had paid the money over to the other and denied the jurisdiction of the court. The other, Mrs. Schweer, denied that she had or ever had had any money belonging or due to the estate, and denied jurisdiction. The matter was heard before a referee, who made findings of fact and conclusions of law, and ordered the return of the money. It was then carried to the District Court and there heard de novo. The District Court sustained the referee and entered decree for the payment of the money to the trustee. Thereupon an appeal was taken directly to this court'on the *172 ground that the case fell within the first of the classes of cases enumerated in section five of the judiciary act of March 3, 1891. - But that class only includes cases-where the question is as to the jurisdiction of courts of the United States as such, and the question has to be certified. That was not the question raised here, and none such was certified. And it is settled that the District'Court, had jurisdiction to determine whether any adverse-claim to the money was asserted at the time the petition was filed. Mueller v. Nugent, 184 U. S. 1; Louisville Trust Company v. Comingor, 184 U. S. 18.

If the court erred in retaining jurisdiction on the merits, the remedy was by petition to the Circuit Court of Appeals under § 246 of the bankruptcy law. Holden v. Stratton, 191 U. S. 115.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

195 U.S. 171, 25 S. Ct. 15, 49 L. Ed. 144, 1904 U.S. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schweer-v-brown-scotus-1904.

Opinion

Related

Cite This Page — Counsel Stack