Hill v. Thompson,
94 U.S. 322 (1876)

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U.S. Supreme Court

Hill v. Thompson, 94 U.S. 322 (1876)

Hill v. Thompson

94 U.S. 322


1. This Court cannot review the action of the circuit court in the exercise of its supervisory jurisdiction over an adjudication of bankruptcy rendered by the district court.

2. It is immaterial whether such adjudication was upon a summary hearing by the district court or after a trial by jury to ascertain the fact of the alleged bankruptcy.

3. Sandusky v. National Bunk, 23 Wall. 289, and Wiswall v. Campbell, 93 U. S. 347, cited and approved.

Thompson commenced proceedings in involuntary bankruptcy against Hill & Leufestey in the District Court for the Eastern District of Michigan. Hill appeared to show cause against the petition, and, under sec. 5026, Rev.Stat., demanded a trial by jury, "to ascertain the fact of the alleged bankruptcy." Pursuant to this demand a trial was had, which resulted in a verdict finding the facts set forth in the petition to be true, and an adjudication was made accordingly. Exceptions were taken at the trial to the rulings of the court upon the admissibility of testimony, and also to the charge. The proceedings were then carried by writ of error to the circuit court, where the judgment of the district court was affirmed, and this Court is now asked to review the action of the circuit court by writ of error.

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