United States Supreme Court Cases & Opinions

U.S. Supreme Court

Texas v. Donoghue, 302 U.S. 284 (1937)

Texas v. Donoghue

No. 28

Argued November 10, 1937

Decided December 6, 1937

302 U.S. 284

Syllabus

Held, that the bankruptcy court, in a proceeding under § 77B of the Bankruptcy Act, abused its discretion in denying a State permission to institute proceedings in a state court to have adjudged confiscate a quantity of oil, then in the possession of the trustee of the debtor, but claimed by the State to have become its property through statutory forfeiture when, prior to the approval of the debtor's petition, it was produced or transported in alleged violation of the conservation laws of the State. P. 302 U. S. 289.

Possession had been voluntarily surrendered to the bankruptcy court by receivers appointed by a state court in other proceedings brought by the State.

88 F.2d 48 reversed.

Certiorari, 301 U.S. 674, to review a judgment affirming orders of the District Court in a proceeding under § 77B of the Bankruptcy Act.

Page 302 U. S. 285