Plymouth Cordage Company v. Smith

by Melville Fuller

United States Supreme Court

194 U.S. 311

Plymouth Cordage Company  v.  Smith

 Argued: April 5, 1904. --- Decided: May 16, 1904

This was a petition to the circuit court of appeals for the eighth circuit to superintend and revise, in matter of law, certain proceedings in bankruptcy had in the district court of Kingfisher county, Oklahoma, on which a question or proposition of law arose concerning which that court desired the instruction of this court, and accordingly granted a certificate setting forth: (1) Section 24 a, b, of the bankruptcy law [30 Stat. at L. 553, chap. 541, U.S.C.omp. Stat. 1901, p. 3431]; (2) the order of this court of May 11, 1891, assigning the territory of Oklahoma to the eighth judicial circuit, pursuant to § 15 of the judiciary act of March 3, 1891 [26 Stat. at L. 830, chap. 517, U.S.C.omp. Stat. 1901, p. 554]; (3) the filing of the petition to superintend and revise in matter of law the proceedings of the district court of Kingfisher county, Oklahoma, in the following particulars:

'(a) On March 23, 1903, a petition was pending in said court to adjudge J. A. Smith an involuntary bakrupt. The district court on that date permitted three creditors to withdraw from said petition.

'(b) On April 6, 1903, the district court of Kingfisher county, Oklahoma, sustained a motion to dismiss a petition in involuntary bankruptcy theretofore filed against J. A. Smith.

'(c) On April 6, 1903, the district court of Kingfisher county, Oklahoma, denied the prayer of certain creditors of J. A. Smith, asking leave to join in the petition in involuntary bankruptcy against J. A. Smith.

'(d) On April 14, 1903, the district court of Kingfisher county, Oklahoma, refused to permit certain creditors of J. A. Smith to file a motion asking the court to set aside the order of April 6, 1903, dismissing the petition in involuntary bankruptcy against J. A. Smith.'

(4) That petitioners prayed the court 'to set aside each and all of the foregoing orders so entered by the district court of Kingfisher county, Oklahoma.'

And propounding the following question or proposition of law:

'Does the United States circuit court of appeals for the eighth circuit have the jurisdiction to superintend and revise, in matter of law, the proceedings of the district court of Kingfisher county, Oklahoma, in bankruptcy?'

Messrs. E. C. Brandenburg, Edwin A. Krauthoff, Patrick S. Nagle, W. A. McCarteney, and Messrs. Brandenburg & Brandenburg and Karnes, New, & Kranuthoff for Plymouth Cordage Company et al.

No brief was filed for Smith et al.

Mr. Chief Justice Fuller delivered the opinion of the court:

Notes