Stevens v. Brown

Citations

• 49 Miss. 597

Syllabus

<p>1. JURISDICTION OP STATE COURTS IN BANKRUPT PROCEEDINGS. — It bas been, finally settled, that although the Stares may pass insolvent or quasi bankrupt laws, which may operate upon future conlraots, between the citizens of rbe State that enacts them, yet. when congress exerts its jurisdiction to the extent of its legislation, it is supreme, and would displace cor.flic ting State laws. So long as congres» is silent-, the States may exercise their authority. Ogden v. Saunders, 12 Wheat. 273, et seq.; Formers and Meeb. Bank v. Smith, 6 Wheat., 131; Baldwin v. Hale, 1 W.iliaco. 229.</p> <p>2. Bankrupt Law — Section 29. — This section mentions several things which, if done or omitted by the debtor, shall be cause for withholding the discharge, or, if already granted, making it invalid.</p> <p>3. Same — Section 34. —This section, after reciting that a discharge, duly granted, with cerlain exceptions, shall release the debtor from all debts * * “ which were or might have been proven against his estate,” and that the certificate shall he conclusive evidence in favor of the bankrupt of the fact and regularity of such discharge, contains the saving clause that a creditor may contest it .for fraudulent acts, in the district court, within two years after it was granted.</p> <p>4 Statutory Remedy —Where a stalutory light, is conferred, with a special remedy, that iem6dymust be pursued, and it will be taken to exclude all others. Therefore a State court has no jurisdiction to vacate a discharge for fraud in obtaining it.</p> <p>5. Ffffct of the Dií-chakgf. — The discharge is the jutlirmenf of th« court, and stands upon the footing of other judgments. Opportunity is afforded to contesfcit. If not availed of in the mode,-within the time, and in the court allowed, all remedy to annul it is out off.</p> <p>6. In -wh-it cases State Court has Jurisdiction. — The State court has jurisdiction over all subjects arising out of the question, whether the debt, in litigation is or not embra