United States Supreme Court Cases & Opinions

U.S. Supreme Court

Commercial Bank of Manchester v. Buckner, 61 U.S. 20 How. 108 108 (1857)

Commercial Bank of Manchester v. Buckner

61 U.S. (20 How.) 108

Syllabus

The circuit court of the United States has no power to entertain an original bill brought by a creditor, who has come in and proved his debt against the bankrupt for the purpose of annulling or vacating a discharge and certificate in bankruptcy, obtained in the district court upon imputations of fraud done in contemplation of bankruptcy by the bankrupt, or to give relief, either at law or in equity, in a suit brought by a creditor who had proved his debt under the commission, who had assented to the bankrupt's discharge and certificate, and who had taken a dividend out of the bankrupt's estate.

The district court which passed the decree in bankruptcy can take cognizance of such a case.

Whether or not such a bill could be filed by a creditor who had not come in and proved his debt, and who was not a party to the decree in bankruptcy, is a question which the court does not now decide.

Nor has the circuit court the power, under its general jurisdiction over frauds, to give relief either at law or in equity in a suit brought by a creditor who had proved his debt under the commission, had assented to the bankrupt's discharge and certificate, and had taken a dividend out of the bankrupt's estate.

A demurrer only admits facts which are well pleaded.

This was a bill filed by the bank upon the equity side of the circuit court against Buckner, under the circumstances fully detailed in the opinion of the Court.

Page 61 U. S. 113