McKenna v. Randle

Citations

• 5 Alaska 590

Syllabus

<p>1. Bankruptcy <&wkey;ll—United States District Court tor Alaska —Jurisdiction.</p> <p>Tlie general equity jurisdiction of the United States district court for Alaska is not to be confounded with the equity jurisdiction of the United States district court for Alaska in bankruptcy. These courts have one and the same name, but they are created. by separate and distinct acts of Congress (and said acts were passed in pursuance of constitutional powers entirely different from each other). Each court has its own jurisdiction and its own method of procedure.</p> <p>2. Evidence &wkey;>40, 44—Judicial Notice.</p> <p>Courts will take judicial notice of the power of a bankruptcy court to appoint a receiver, and will assume that the appointment was regularly made. The court knows the nature and extent of his powers when appointed, for these are matters of “public law.” The court is bound to know that, although a receiver has no title to property in the sense of ownership, yet that he is held to the performance of certain duties and clothed with power to perform those duties. The court is bound to ■ know that it is the duty of such receiver to collect, protect, and preserve all the property of the bankrupt, so that it may be delivered to the trustee when appointed, and that, if he is remiss in his duties, he is liable on his bond.</p> <p>3. Bankruptcy &wkey;>115—Receiver—Powers.</p> <p>A receiver in bankruptcy may sue out an attachment, or bring an action to prevent the statute of limitations from running, or sue at law to recover any debt or personal property which might be lost, and certainly, if the interposition of equity is necessary to enable him to prevent loss or waste of assets, he has the right to bring a suit for that purpose.</p> <p><@3^See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>