New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-08
THE COURTS.
CONFLICT OF JURISDICTION.


A singular conflict Of jurisdiction betwee,
the Superior Court Of this City and the District Court
the United States has grown out Of the failure OF the old
grocery house OF A Bnnger Co. 1t appears that the
failure part from differences between the partners
in that house. One OF the firm, Mr. Clark brought sui:
In the Superior Court wind up the partnership aars
alleging that the firm property was worth 10000 apt
that the indebtedness Of the firm did not exceed s2oo
On the complaint fled by Clark Judge McCunn ex parte
without notice TO BDinger, made an order appoint
ing Daniel II. Hanrahan, Receiver OF the partnership
property valued at s5OO0Oo, upon Hanrahans gyins
secur ty In a bond for $1,000 Daniel II. Hanrahan 10
lawyer IN partnership with James +. Morgan. James r.
Morgan is the sOninav Of Justice McCunn Under thu
appointment Hanahan took possession Of the firm prop
erty or course the firm had TO suspend payment and
It's notes. as they matused, went to protest The Bank
of America was creditor of the firm TO the amount OF
several thousand dollars It commenced proceeding In
the Bankrupt Court to have the firm adludged tank
rupt Judge McCunn then Issued an injunetios
eeed4s any further Under the bankrupt law. ahithe
order served on the Bank OF America without ser
wee OF any complaint or Other process on
the Bank 10 bring 1t into Court OTHER proceedings Ecre
after commenced IN the Bankrupt court Dy other rus
itors TO Obtain adjudication Of Bankruptcy agalnst
Binnger Co, and in such proceedings the DistSics
him TO take possession OF the property Of the
firm Judge MeCunn was then applied 70 o. oees d 81
ing opinion IN the case Of Clark sgt Bnlnger:
.pP,Ss Il: SS r 80 oSts . S,';is' %
palmer csn tSs bsRkp,y sHss the sish ss4 sn
sane s S s 2oTtR'S Sss9 oJs S
Of tue arm sn.D;. 0Tc to .9oS' s. ~ wear, ia h: sn "a
!.Ss that si d.: course Other Y, s.,
n. D.ss..an Of tbs COAT and py. that le P,rssrg So.
should ,: sSrT4 nS SP s ts'i :SSna @ &
property len 6ssssa the partner tn, Tns ,ni T.s
order appostug r'csyeL alleging 'ss' cars vas 20,
he ss g sS SH 10 aso 's S y e:l
fru declared Snsrupt undr that sDp,Ss' a,.s
viii be that Que Pa9sr lC.E ssss: Vat We atS
enough 70 pay. ii Il, debts which .lsssaos, a.. psT,iI
eoohoras s9S no, DENIED S @ erop., s.y, ,hat ~.
" the arm brovn into bankruptcy and hAhss seA pee
10 the end AID before the officers bsEyty E
I. s i ssH alleges that h. Sus.os o. the a,ss
n the decision q the state Gear. hs Is a'
SAYS Nsbs assignee, aud Osne oseers IN eansPte, vii hai
q snn H thsrs aS.kss the psssI Of t, veoI e
IN ss parssa tSs esse.uch As were use sppa sr
tie a5on and ,,',ysT sod fs !, r Sas I S S5p .
doubt that Court has the power compel The United STATES y
saesra aSa add Impartial ass,ssoa %
S GS s b s g1 n l pS11 81 p 'T bs I The =
the correct that senior OF is9lof o. am nssosi q
house bankrupt placing the aH Of as s ses 'asL'
s t s .,Do GO5 b S The u Of law sppss i
controlling between TIL, Court ed 'As fsd.r1 ossa
srors SsS.' I. ti. sS.rs .sqaE ~ gacs
IA
The State superseded and Oued by subsequent N
Court OF Bsntuptcy LOWU Morrison IL Paige SIi MAJ
Aiea Rep ot Storm vs. wadlsl LaaL eh ~ s',.a
Iiloe ~ aud authorities cited w 70
10 bankrupt lac preserves al "a
debtors The appointment OF recover
lien Ell the parnershiD pfoisf
M. besr6 Of plaintiffs partner aud Of The social CREDITORS Al
len cannot DO disturbed destroyed by the Subsequent @
tupteY Court alernsud proceedings Tie ord. OF 'ut
mus, he that the and possession 81 We pr
Of The ate arm Co. and assist Tue receiver 70
posseon Of tho same shat be remove obNil All parrs
oever (Marsbas esed claiming possession Of 'he zane uH
| further order Of the
| The following IL the order made by Judge McCui
/ pursuance OF this opinion; . o., W..
Court-Abtsham CLARK sgt Abraham BnuNerNh'@
he Court, % tba
npknoWu but calling United states epny hS,hs
kyn posseoa the partnership property bcoo Fug - le FA
which they not entitled io
on he Known therefore hereby direct the ShrfH Ls
take possession frthHt 70 ~ we ~
beiopyns 10 the 10 the Nos " ADD = eefH
she be found sHd keep the sans sy a'
| further order Of this court 80. 80.
| Witpr. ny hand and seal this lh December 1862
't,sI JoHS A. MCCUSS, Justice Superior Coz
IL would be very difficult for lawyer 20 ma u
for ths extraordinary document, or any authority ID
laws OF tins State for issuing IT, Judge MeCunn per
aIlv went 10 the Shers office 20 the Sheriff 70
n into effect The Sheriff declined TO do so ON the gro
tbat it was a process unknown 10 the law, which II
! not part Of the Sherifs duty to execute.