Where the question is whether a district court sitting in
bankruptcy could proceed in a summary way in the particular
instance, the jurisdiction of the United States court as such is
not in question, and § 5 of the Judiciary Act of March 3, 1891, has
no application.
Mueller v. Nugent, 184 U. S. 1;
Louisville Trust Co. v. Comingor, 184 U. S.
18, approved on the point that the bankruptcy court has
jurisdiction to determine in the first instance whether a summary
proceeding can be maintained. If it errs in so proceeding the
remedy is under § 24
b of the Bankruptcy Law.
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
$2,000 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
Page 195 U. S. 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 §
24
b of the Bankruptcy Law.
Holden v. Stratton,
191 U. S. 115.
Appeal dismissed.