Feibelman v. Packard

Citations

• 109 U.S. 421
• 3 S. Ct. 289
• 27 L. Ed. 984
• 1883 U.S. LEXIS 984

Syllabus

<p>Bankruptcy — Conflict of Laws — Removal of Causes.</p> <p>1. An action against a marshal of the United States for seizing a stock of goods more than §500 in value, under authority of a writ from a district court of the United States in proceedings in bankruptcy, the suit being on his official bond, arid the sureties therein being joined as codefendants, is a suit of a civil nature arising under the Constitution and laws of the United States, which may be removed from the State courts to the federal courts.</p> <p>.2. A district court of the United States sitting in bankruptcy has jurisdiction to order the seizure and detention of goods, the property of the bankrupt, although in possession of another under claim of title. The officer, in a subsequent action against him for obedience to that order, may justify by . proof that the title-to the property at the time of seizure was in the bankrupt. If the local State laws are in conflict with this right, they will not be regarded as having any application to it. Sharpe v. Boyle, 102 U. S. 686, approved and followed.</p>