Gibbons v. Dexter Horton Trust & Savings Bank

Citations

• 225 F. 424
• 1915 U.S. Dist. LEXIS 1273

Syllabus

<p>1. Courts @=>322—United States Courts—Jurisdiction Dependent on Citizenship. .</p> <p>Under Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1091 [Comp. St. 1913, § 991])' § 24, providing that federal District Courts shall have original jurisdiction of civil suits at common law or in equity between citizens of different states or between citizens of a state and foreign states, citizens, or subjects, where absence of diversity of citizenship affirmatively appears on the face of a bill to set aside an adjudication in bankruptcy, for a resale of the bankrupt’s property, a determination whether the debts were community debts, and to stay the bankruptcy proceedings, the bill must he dismissed for want of jurisdiction; diversity of citizenship being the only status that will give the court jurisdiction of the issues tendered.</p> <p>[Ed. Note.—Eor other cases, see Courts, Cent. Dig. §§ 876-881, 887; Dec. Dig. @=>322.]</p> <p>2. Bankruptcy @=>439—Conflicting Jurisdiction — Review of Proceedings.</p> <p>A federal District Court will not entertain a bill in equity for the purpose of adjudicating any matter or reviewing any proceeding in the course of administration in the bankruptcy court, including all matters of administration and determination of rights between contending parties with relation to the estate upon a fund in the custody of the court, since the jurisdiction of th,e bankruptcy court is exclusive.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. @=>439.]</p> <p>3. Bankruptcy @=>428—Adjudication—Community Property.</p> <p>Rem. & Bal. Code Wash. § 5918, gives the husband the management and control of the community real estate, and provides that all such community real estate shall be subject to liens or judgments recovered for community debts and to sale on execution issued tbereon. Bankr. Act July 1, 1898, c. 541, § 47, 30 Stat. 557 (Comp. St. 1913, § 9G31), vests the trustee with all the rights, remedies, and powers of a credi