The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-14
UNITED STATES COURT.
Orders Entered i'm Bankruptcy Cases
IMPORTANT QUESTION OF JURIs-
DICTION RAISED.

am1 Sh IAN SSESAIoS VA oSnAS-
DICTION RAISED.
In the United States District Court yester.
day, Judge Hughes presiding. there were
twenty-five orders entered, as follows:
In re Walter +. Jones, bankrupt. Order
Of sale upon petition OF assignee.
IN re Z. \. Hiilyard, bankrupt. Restrain
ing order dissolved and order Of sale.
IN re George S. Prince, bankrupt. Ex.
emption approved with leave to creditors to
ohjec, during present term. ~
In re j. {. Carr, bankrupt. Orders di.
rec.ing asSigucca to deposit funds 10 bank,
aud restraining them from further collect
ing. n....
of assignee fled, and order to show cause
entered.
In re John 4. Brame, bankrupt. Answer
of J. G.. Jeti'ress filed TO rule to show cause.
In re William H. Rowlett, bankrupt. or.
der setting aside homestead.
hreE. q. Hinton, bankrupt. Petition
for exemption and order allowing. :.
In re William Fl. Tyler, bankrupt ORDER
for assignee to show cause. '
Lre John L. Hicks, bankrupt. Report
of sale filed and order confirming entered.
Execution awarded.
In re Chamberlain & Moss, baukrupts.
Petition Of United States flied and order en-
tered to show cause.
In re John .. Chiles, bankrupt. Rule
against assignee enlarged 10 Sd April, 1874.
In re William Z. Sheets, bankrupt. AS
Signcc ordered 10 report.
In re James al. McCargo, bankrupt. Or
| der entered to show cause.
In re james z. Timberlake, bankrupt.
| Discharge issued.
In &c John p. Goodwyn, bankrupt. AS
| sigIee's report of sale confirmed.
| In re j. Warrco Lewis, bankrupt. Order
! allowing $500 exemption against judgment
| liens on real estate.
| In re +. +. Anderson, bankrupt. Order
| diSmiSsing chancery cause as against trustee,
and confirming title OF Mrs. Anderson's
trustee to lot of land in West Point, Va.
In re james r. Butler & Co., bankrupts.
| Order for assignee 10 pay taxes Que on real
estate.
In re John r. Criger, bankrupt. Order
setting aside former order allowing home
stead. &c.
Order calling the attention Of the Govern
ment architect to the condition Of the court
room and offices of the District Court, and
| requesting that they be repaired and refur-
niShed at as early day as is consistent with
| the public interest.
An important question arose in the case OF
G. w. Anderson, bankrupt, involving large
interests in Montgomery county. Va. Iu
| that case the bankrupt had filed his petition
and an order of adjudication had passed,
and full jurisdiction Of all the baDkrupt's
| estate had been acquired by the bankrupt
court.
Nevertheless, some months afterwards q
general creditors bill was brought in the
Circuit Court of the State for Montgomery
county proposing to administer the bank.
rupl's effects according to the provisions OF
| the laws of Virginia. Most of the creditors
and the assignee of the bankrupt consented
| to the proceedings in the State court, and the
| bankrupt himself answered the bill and sub.
| jected himself to the orders Of the State
court.
The question arose whether q State court
could take jurisdictloo Of a general credi
| tors bill against the bankrupt after the
| adjudication, even by consent OF the as
signcc, though the bankrupt camcin and an.
sWcred and submitted himself for while
| TO the orders Of the court. Ia other words,
has the State court such jurisdiction at aIl
| and can the jurisdiction be conferred by con-
sent.
The judge reserved his decision in the
| case.
We fad in the Alexandria Gazette the
| following in regard to the proceedings ol
this court in its session In that city:
"In The United States District Court, in
the case Of Thomas B. Stewart, bankrupt, an
order had been entered by the court, as far
back us October last, confirming the action
| of the assignee in setting apart homestead
in prejudice Of liens for old debts. Ye$ter-
| day a lien creditor who had never proved
| his debt petition for leave now to prove it ;
| and also asking that the order Of last year
| allowing the homestead should be anuulled.
| Ii was suggested in answer that new parties
| had become Interested in the subject which
bad been set apart as homestead, new
rights had accrued, and that the abrogation
| OF the order referred TO would result in ln-
jury and injustice TO innocent persons, who
had since acted on the faith of that order.
| "The court refused to set aside the order,
but permitted the lien creditor to come in
and prove his claim. The Judge said that it
would be competent for any creditor aS-
| grieved by the order of October to bring the
case before the Circuit Court for review, but
| that the District Court would in cases like
that at the bar, where new rights had super
vened. treat the subject OF the homestead as
| res UQJuuttUu. 1uC EtlltlOu lOI ItNl Ill
the Circuit Court could be made to embrace
all lie IS rights of all new parties as we'll as
the original parties and subject.
| "The Judge read the second clause Of the
second section of the general bankrupt act,
| rs follows, which refers to the power Of su-
perYision given to the United States circuit
courts over the proceedings Of the district
courts in bankruptcy
| '"The powers and jurisdiction hereby
granted may te exercised either by said (clr-
cui) court, or by any Justice thereof in term
time, or in vacation"
"The judge said that he quoted the clause
! in order to say to the bar that 1t is compe-
petent for himself TO act in all cases taken
up TO the Circuit Court for revision IN
which he had not acted rs district judge.
AS the appeal and review docket in the Cir
cult Court had grown qaite large, and as
parties to the cases docketed had right to
as early action in them as practicable, he had
thought proper to call the attention OF The
| bar TO the ela,lSe above-qnoted.
"In regard to restraining orders Whlcl,
had heretofore been made by the court based
on the bankrupt's claim for the homestead
| exemption, the Judge said that he had uni
forlnly dissolved them in cases where the
| right to the homestead had been negatircd
by the decision of the Circuit, Judge in the
case of &. w. billiard and he said that be
would continue to do SO. Where, however,
DEGREES had for some time been made grant