Opinion · Supreme Court of the United States
Lucius v. Cawthon-Coleman Co.
196 U.S. 149
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1905-01-03
- Topic
- general
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court. By the express terms of subdivision 11 of section 2 of the Bankruptcy Act of 1898 jurisdiction is conferred upon courts of bankruptcy to determine all claims of bankrupts to their exemptions. When, therefore, as in the case at bar, property of the bankrupt has come into the possession of the trustee in bankruptcy, and the bankrupt has asserted in the bankruptcy court a claim to be entitled to a part or the whole of such property, as exempt property, the bankruptcy court necessarily is vested with jurisdiction to determine upon the facts before it the validity of the claimed exemption. An erroneous decision against an asserted right of exemption and a consequently erroneous holding that the property forms assets of the estate *152 in bankruptcy, to be administered under the direction of the bankruptcy court, while subject to correction in the mode appropriate for the correction of errors, Lockwood v.
Citator
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- Cited by
- 13 opinions
The bankruptcy court is of limited jurisdiction and has only the authority conferred by the statute creating it.Re Morris, Fed. Cas. 9,825; Collier on Bankruptcy, 11. Where jurisdiction of the court has been sustained seeRe Turnbull, 106 F. 667;Re Mayer, 108 F. 599;McGahanv.Anderson, 113 F. 115;Page 151Brand. on Bankr., 2d ed., 126, § 2, and cases there cited. It has, however, been expressly held that propertygenerallyexempt cannot be subjectedin the bankruptcy courtto the satisfaction of the debt of a creditor who holds a waiver of exemption as to this particular debt, or has a claim of lien on the exempt property.Re Grimes, 96 F. 534;Woodruffv.Cheeves, 105 F. 601, 606;Re Hill, 96 F. 185;Lockwoodv.Exchange Bank,190 U.S. 294;Re Hatch, 102 F. 280;Re Jackson, 116 F. 46;Ingramv.Wilson, 125 F. 913.
The cases cited by the judge below, to the effect that the court had jurisdiction, to wit:Cannonv.Dexter Broom Co., 120 F. 657;Re Butler, 120 F. 100;Re Boyd, 120 F. 999;Re Campbell, 124 F. 417, are all on the border line. They involve cases in which the state statutes provided that goods shall not be exempt against claims for the unpaid purchase price. They are flatly opposed by the cases citedsupra.
There was no appearance or brief for appellee.
As, therefore, upon the record before us, the jurisdiction of the court was not in issue within the meaning of the act of March 3, 1891, the direct appeal to this court was not properly brought, and the order must beAppeal dismissed.