Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit (Volume 3) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... In re Skelley. of, the federal courts cannot take jurisdiction of it, except as is provided in the 25th section. Other objections to this court taking jurisdiction of the matter were also urged by the defendants; but as this point geems to me conclusive, I have not thought proper to allude to them. Application denied. On the dismissal of the bill by the Superior Court, the complainant.sued out a writ of error from the Supreme Court, and the cause was submitted at the September term, 1873, and is now pending. For numerous authorities on this question of removal from state courts, consult also, Akerly -. Vilat, Vol. 2 of this Series, 110; Same ease, post p. 832; Kingsbury vs. Kingsbury, ante, p.60. Reporter. In re SKELLEY. District Colrt--Northern District Of Illinois--, march, 1871. In Bankruptcy. 1. No Jurisdiction If Amount Reduced Below That Specified In The Act.--The District Court has no jurisdiction of an involuntary case in bankruptcy, unless it appears on the trial that the debtor, at that time, owes debts provable under the act exceeding the sum of three hundred dollars, and is indebted to the petitioning creditors in the amount of two hundred and fifty dollars. This is true even though the debtor, at the time of the filing of the petition, was indebted to exceed those sums. When his indebtedness, by subsequent payments, is reduced below thosr suras, the court loses jurisdiction. 2. Debtor May Disprove All Material Allegations.--The latter clause of the forty-first section of the act was intended to allow the debtor to disprove on the trial all the material allegations of the petition. In re Skelley. 3. Payments--Proof Allowed On General Denial.--Payments made by the debtor to the petitioning creditors are material facts on the issue on denial..