In re Williams

Citations

• 120 F. 34
• 1903 U.S. Dist. LEXIS 353

Syllabus

<p>1. Bankruptcy — District Court — Jurisdiction — Residence op Debtor— Traveling Gambler.</p> <p>Bankr. Act 1898, § 2 [U. S. Comp. St. 1901, p. 3420], confers Jurisdiction on the district court to adjudge persons bankrupt who have had their principal place of business, residence, or domicile within their respective territorial jurisdictions for the preceding six months or the greater portion thereof. Sold that, where a traveling gambler had resided in a particular district for only two months prior to the filing of petition to have him declared a bankrupt, the court of that district had no jurisdiction thereof.</p> <p>2. Same — Costs.</p> <p>Where a petition to declare a debtor an involuntary bankrupt is dismissed for want of jurisdiction, the court cannot adjudge costs to the debtor.</p> <p>¶ 2. See Costs, vol. 13, Cent. Dig. § 16.</p> <p>8. Same — Counsel Fees — Expenses.</p> <p>Bankr. Act § 3e [U. S. Comp. St. 1901, p. 3123], declares that whenever. a petition is filed for the purpose of having another adjudicated a bankrupt, and an application is made to hold his property prior to the adjudication, the petitioner shall file a bond conditioned for the payment, in case the application is dismissed, of costs, expenses, and damages, arid if such petition is dismissed the respondent shall be allowed costs, counsel fees, expenses, and damages occasioned, to be fixed by the court and paid by the obligors of the bond. Held, that where no seizure of the property of an alleged bankrupt was made, and no bond ordered or given, the fact that a temporary injunction was granted; restraining supposed debtors from paying money into the hands of an. alleged bankrupt under the general equity powers of the court, did not justify an allowance for counsel fees and expenses on a dism.ssal of the proceedings for want of jurisdiction.</p>