In re Scherber

Citations

• 131 F. 121
• 1904 U.S. Dist. LEXIS 185

Syllabus

<p>1. Bankruptcy — Reference — Recovery — Summary Proceedings — Jurisdiction.</p> <p>Where, in the petition of a trustee in bankruptcy to recover an alleged preference by summary proceedings, there was no allegation that respondent’s claim was colorable only, and respondent promptly objected to the form of the proceeding, the court of bankruptcy had no jurisdiction to determine the matter except by plenary suit.</p>