On the authority of
Babbitt v. Dutcher, ante, p.
216 U. S. 102,
held that:
A court of bankruptcy has jurisdiction to grant an order for
examination of a witness who resides in that district although the
bankrupt proceedings in which the examination is desired are being
administered in another district.
The respective district courts of the United States sitting in
bankruptcy have ancillary jurisdiction to make orders and issue
process in aid of proceedings pending and being administered in the
district court of another district.
The facts are stated in the opinion.
MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.
The certificate, with the accompanying statement of facts, is as
follows:
"On the 28th day of February, 1908, a petition in
involuntary
Page 216 U. S. 116
bankruptcy was filed in the United States District Court for the
Northern District of Illinois against the Madison Steele Company,
and in due course the said corporation was adjudicated a bankrupt,
and Frank M. McKey was appointed its trustee in bankruptcy."
"Application was made to the United States District Court for
the Southern District of New York for an authorization to examine,
pursuant to the provision of ยง 21
a of the national
Bankruptcy Act, the officers of a New York corporation which it was
alleged had, within four months prior to the filing of the petition
in bankruptcy, received a payment under circumstances which would
permit of recovery by the trustee in bankruptcy as a voidable
preference. These officers were residents of the Southern District
of New York."
"The application in the Southern District of New York was made
on behalf of the trustee of the bankrupt's estate, which was being
administered in the Northern District of Illinois, and the order
proposed for signature required the examination of witnesses within
the jurisdiction of the District Court for the Southern District of
New York, and the production of books and vouchers which contained
transactions between the bankrupt corporation and the New York
corporation."
"The United States District Court for the Southern District of
New York refused to direct the appearance and examination of the
said witnesses, on the ground that it had no jurisdiction to grant
an order for examination in a proceeding which was not pending
within its own district, and from the order denying the right to
examine, the petition to review was taken to this Court."
"The questions submitted are:"
"I. Did the United States District Court for the Southern
District of New York have jurisdiction to grant an order for the
examination of witnesses who were residents of that district, when
the bankrupt proceedings in which the examination was desired were
being administered in the Northern District of Illinois? "
Page 216 U. S. 117
"II. Have the respective district courts of the United States,
sitting in bankruptcy, ancillary jurisdiction to make orders and
issue process in aid of proceedings pending and being administered
in the district court of another district?"
On the authority of
Babbitt, Trustee v. Dutcher, just
decided, p.
216 U. S. 102, we
answer both questions in the affirmative, and it will be
So certified.