In re Williams

Citations

• 123 F. 321
• 1903 U.S. Dist. LEXIS 232

Syllabus

<p>1. Bankruptcy—Jurisdiction of Courts—Ancillary Proceedings in Other j~) jgfj»</p> <p>Bankr. Act July 1, 1898, 30 Stat. 544, e. 541 [U. S. Comp. St. 1901, p. 3418], confers no statutory ancillary jurisdiction on Circuit or District Courts to aid in the administration of a bankrupt estate in another district, but a trustee who is vested by the act with all the title and rights of the bankrupt, as well as certain rights of creditors, seeking to recover property or enforce rights in another district, stands in the same position as those to whose rights he succeeds, and must resort to the same courts, state or federal, and is confined to the same remedies.</p> <p>& Same.</p> <p>A District Court has no special ancillary power under the bankruptcy statute to make an order on the application of the trustee of a bankrupt whose estate is being administered in another district, requiring persons residing within the district to appear before a referee for examination concerning the acts, conduct, and property of the bankrupt.</p> <p>8. Same—Power to Order Examination of Persons in Other Districts.</p> <p>It would seem that a court having charge of the administration of a bankrupt’s estate has power, under Bankr. Act July 1, 1898, § 21b, 30 Stat. 552, c. 541 [U. S. .Comp. St. 1901, p. 3430], to order that any person having knowledge “concerning the acts, conduct, or property of the bankrupt,” but who resides without the district or state, and more than 100 miles from the court, shall be examined before a commissioner in accordance with the provisions . of the general statutes or practice in equity cases, and that persons so ordered to be examined may be compelled by proper process, as in other cases, to appear and testify.</p> <p>¶ 1. Supplemental and ancillary proceedings and relief in federal courts, see note to Toledo, St. L. & K. R. Co. v. Continental Trust Co., 36 C. C. A. 195.</p>