A district court of the United States has no jurisdiction,
without the proposed defendant's consent, to entertain an action of
replevin by a trustee in bankruptcy to recover goods conveyed to
the defendant by the bankrupt in fraud of the Bankrupt Act and of
his creditors. Bardes v. Hawarden Bank, ante, 178 U. S. 524
The case is stated in the opinion of the Court.
Page 178 U. S. 540
MR. JUSTICE GRAY delivered the opinion of the Court.
This was an action of replevin in the District Court of the
United States for the Western District of Pennsylvania by a trustee
in bankruptcy, appointed by that court, a citizen of Pennsylvania,
to recover a stock of goods, of the value of $2,500, in the
possession of the defendants, citizens of Pennsylvania and
residents of that district, and alleged to have been conveyed to
them by the bankrupt, within four months before the institution of
proceedings in bankruptcy in fraud of the Bankrupt Act of 1898 and
of the creditors of the bankrupt. The district court, on motion of
the defendant, held that it had no jurisdiction to entertain such
an action, and therefore ordered it to be abated. 91 F. 621. The
plaintiff sued out a writ of error from this Court, and the
district judge certified that the question of jurisdiction was the
sole question in issue.
For the reason stated in Bardes v. Hawarden Bank, ante,
178 U. S. 524
The judgment is affirmed.