In re Steele

Citations

• 161 F. 886
• 1908 U.S. Dist. LEXIS 407

Syllabus

<p>1. Bankruptcy — Courts.</p> <p>The áct of Congress (Act July 1, 1898, c. 541, § 2, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3420]) creating courts of bankruptcy provides for one court only within the territory prescribed.</p> <p>2. Same — Jurisdiction.</p> <p>Courts of bankruptcy have no jurisdiction outside of their territorial limits as prescribed by the act of- Congress creating them.</p> <p>[Ed. Note. — Jurisdiction of federal courts in suits relating to bankruptcy, see note to Bailey v. Mosher, 11 C. C. A. 313.]</p> <p>3. Same — District Judges — Appointment of Referee.</p> <p>A United States district judge, even though a judge of the Northern and Middle districts of Alabama, has no jurisdiction, while holding court in the Middle .district thereof, to make an order appointing a referee in bankruptcy for the Northern district of Alabama.</p> <p>4. Same — Jurisdiction—Rules in Bankruptcy.</p> <p>A United States district judge, even though a judge of the 'Northern and Middle districts of Alabama and residing in the Middle district, has no jurisdiction or authority to go into the Northern district, while the judge of the said Northern district is holding court therein, and make an order appointing a referee in bankruptcy and prescribing a rule for the reference of proceedings in bankruptcy to said referee so appointed by him, without the concurrence of the judge of the said Northern district.</p> <p>5. Same — Void Oedee.</p> <p>Such action by a district judge, even though a judge of both districts, being made without the concurrence of the judge of the Northern district, is coram non judieo and void, in so far as the same applies to the Northern district: and the judge of the said Northern district has the right and authority to set aside any order or orders so made.</p> <p>(Syllabus by the Court.)</p>