United States Supreme Court Cases & Opinions

U.S. Supreme Court

Schumacher v. Beeler, 293 U.S. 367 (1934)

Schumacher v. Beeler

No. 215

Argued November 16, 1934

Decided December 17, 1934

293 U.S. 367

Syllabus

1. Section 23(b) of the Bankruptcy Act, as amended, operates as a grant of jurisdiction to the District Court of suits brought by trustees in bankruptcy against adverse claimants, provided the defendants consent to be sued in that court, although the suits be such that the bankrupts could not have brought them in that court if the proceedings in bankruptcy had not been instituted. P. 293 U. S. 371.

2. Of suits falling within the exceptions specified in § 23(b) -- namely, suits for the recovery of property under §§ 60(b), 67(e), and 70(e) -- the District Court has jurisdiction without the defendants' consent. P. 293 U. S. 376.

71 F.2d 831 affirmed.

Certiorari to review a decree reversing a decree of the District Court which dismissed the cause for want of jurisdiction. This was a plenary suit by a trustee in bankruptcy against a sheriff to enjoin the sale of property of the bankrupt under an execution from a state court.

Page 293 U. S. 368