WILSON
v.
GOODRICH

U.S. | 1878-12-23
No. 100
154 U.S. 640 Supreme Court of the United States (1878) Positive Treatment
Also reported at: 25 L. Ed. 111 · 1878 U.S. LEXIS 1456 · SCDB 1878-214
Cited by 2 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court. Mr. Edward Avery for plaintiff in error. Mr. N. B. Bryant for defendant in error. In Claflin v. Houseman, 93 U. S. 130, we held, that an assignee in bankruptcy under the Bankrupt Act of 1867, as it stood before the revision, had authority to bring suit iii the state courts, whenever those courts were invested with appropriate jurisdiction suited to the nature of the case. This suit was begun March 18, 1872, before the Revised Statutes were in force. flection 5597 provides that the repeal of the acts embraced in the revision should not affect any suit or proceeding had or commenced in any civil cause before the repeal. This leaves the present case, therefore, within the rule settled in Glaflin v. Houseman, and renders it unnecessary to consider whether the jurisdiction in this class of cases was taken away by the revision as to suits afterwards commenced.

Judgment affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Williams v. Austrian, 331 U.S. 642 (U.S. 1947)
    …deral courts, the occasion did not arise for applying the provision excluding the State courts. But this Court was well aware of the problem and carefully put [*673] it to one side. See Claflin v. Houseman, 93 U. S. 130, 133, and Wilson v. Goodrich, 154 U. S. 640. Intrinsically, that question now presses for decision. If plenary suits are “bankruptcy proceedings” within § 2 of the Act of 1898, as the Court holds, how do they cease to be “proceedings in bankruptcy” as to which the federal courts have jurisdic…
  • Brady v. Indem. Ins. Co. of N. Am., 68 F.2d 302 (6th Cir. 1933)
    …the party recovering a judgment in the lower court may defeat appeal by filing a remittitur with the consent of the court. In some of the cases where this was permitted, the remittitur was filed before judgment. Northwestern Life Ins. Co. v. Martin, 154 U. S. 640, 14 S. Ct. 1181, 24 L. Ed. 542; First National Bank of Omaha v. Redick, 110 U. S. 224, 3 S. Ct. 640, 28 L. Ed. 124; Thompson v. Butler, 95 U. S. 694, 24 L. Ed. 540. In others, it was filed after judgment. Texas & Pacific Railway Co. v. Horn, 151 U.…

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