Mrs. BEULAH SCHWEER and J. C. Norman, , v. J. C. BROWN, Trustee for G. H. Schweer, Bankrupt.

195 U.S. 171 (25 S.Ct. 15, 49 L.Ed. 144)

Mrs. BEULAH SCHWEER and J. C. Norman, Appts., v. J. C. BROWN, Trustee for G. H. Schweer, Bankrupt.

No. 162.

Decided: November 7, 1904.

Messrs. Daniel W. Jones, Harry H. Myers, and U. S. Bratton for appellants.

Messrs. Robert E. Wiley and George B. Pugh for appellee.

THE CHIEF JUSTICE:

This was a summary proceeding in the district court of the United States for the eastern district of Arkansas, in bankruptcy, requiring the payment to the trustee in bankruptcy of the sum of $2,000 as part of the assets of the bankrupt's estate. In return to a rule, one of the respondents alleged that he had paid the money over to the other, and denied the jurisdiction of the court. The other, Mrs. Schweer, denied that she had or ever had had any money belonging or due to the estate, and denied jurisdiction. The matter was heard before a referee, who made findings of fact and conlusions of law, and ordered the return of the money. It was then carried to the district court and there heard de novo. The district court sustained the referee, and entered decree for the payment of the money to the trustee. Thereupon an appeal was taken directly to this court on the ground that the case fell within the first of the classes of cases enumerated in § 5 of the judiciary act of March 3, 1891 26 Stat. at L. 827, chap. 517, U. S. Comp. Stat. 1901, p. 549. But that class only includes cases where the question is as to the jurisdiction of courts of the United States as such, and the question has to be certified. That was not the question raised here, and none such was certified. And it is settled that the district court had jurisdiction to determine whether any adverse claim to the money was asserted at the time the petition was filed. Mueller v. Nugent, 184 U. S. 1, 46 L. ed. 405, 22 Sup. Ct. Rep. 269; Louisville Trust Co. v. Comingor, 184 U. S. 18, 46 L. ed. 413, 22 Sup. Ct. Rep. 293.

If the court erred in retaining jurisdiction on the mertis, the remedy was by petition to the circuit court of appeals, under § 24b of the bankruptcy law 30 Stat. at L. 553, chap. 541, U. S. Comp. Stat. 1901, p. 3432. IIolden v. Stratton, 191 U. S. 115, 48 L. ed. 116, 24 Sup. Ct. Rep. 45.

Appeal dismissed.

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