The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-05-30
Another Case for Judge Rives's


Judge Rves stands alone, so far, in claim
ing exclusive jurisdiction for bis District
Courtina ll bankrupt cases. #
The attorncysfor the stockholders OF the
Republic Insurance Company recently made
motion TO dismiss certain cases feudinS IN
the Circuit Court of the United States, At
Des Moinca. Iowa, on the following grounds ::
First. That the Circuit Court OF the
United States has no jurisdiction.
Second. That the District Court OF the
United States has exclusive jurisdiction IN
all suits brought .ht the assignee IN Dank-
ruptcy to collect assets.
Last Saturday Judge Dillon ruled a' fol-
lows:
/. This court, where the jurisdiction
arising FROM citizenship exists, is y court OF
full common-law and equity powers. In
this action the requisite citizenship docs
exist, and the cause of action is not one Gre
| atcd by the bankrupt act, but is essentially q
common-law action 10 enforce contract
against the defendant 1t is true that the as
signce claims title under proceedings IN
bankruptcy, much like an executor under
proceedings in the probate court. but TINS
does not make the action, properly viewed,
| Il proceeding in bankruptcy. With the con-
sent and under the direction Of the proper
bankruptcy court, there Is no reason rhy an
action Ike this should not be enforced elthcr
| in The State court or in this court. Is may be
| deemed most expcdient. Essentially it does
not differ from actions Of which both classes
| of courts constantly take cognizance as part
of their original and rightfu' jurisdiction.
.. The argument against the jurisdiction
of this court derives all its force from The
supposed exclusive jurisdiction of the Dis
| trct Courts, and that such jurisdiction Is
exclusive, both of the State couIts and of this
court, except to the limited extent men,
toned in the second section of the act.
Il Congress had intended by the first SEE
| ton of the act TO make the jurisdiction OF
the District Courts exclusive in the collec-
tion of assets, and to deprive all other courts
of jurisdiction over any action by or against
aSsignees in bankruptcy. it would have been
us easy as it would have been natural to en-
ploy language to express this purpose. But
| it will be observed that the word crcl"Sice.
as descriptive of the jurisdiction, Is not only
not used, but seems to have been carefully
avoided.
8. That the State courts are not deprived
Of jurisdiction in ordinary common-Iaw and
equity suits simply because brought by the
assignee in bankruptcy, is proposition that
has The support Of many well-rcasoncd adlu-
dications. made both under the bankrupt act
of 1S4l and the present act.
1. The jurisdiction OF this court under tn"
Judiciary act is plain. Repeats by implication
are hot favored. jurisdiction plainly con-
lerred upon one court cannot he taken away
by mere affirmative legislation comforting
like jurisdiction upon another court. Speak
ing of this subject. an eminent Judge holds
this language: "There is, think, no. in
stance in the whole history of the law where
the mere granting of jurisdiction to Il lE,rti-
clIlar court, without any words of exclusion,
has been held TO Gust any other court OF the
powers which it before possessed Pcr
Bronson j., in DclatieId Us. The State of
lllinoiS.)
For these rcasous the motion to dismiss
Tor want oil jurisdiction is denied.