94 Ind. 205 | Ind. | 1884
This is a suit brought in the Allen Superior Court by appellant, as assignee in bankruptcy of the estate of Jacob C. Bowser, against appellees Maples and Bulger, upon two promissory notes executed to the bankrupt.
A demurrer, alleging that the State court had no jurisdiction of the subject-matter of the action, and that the complaint did not state facts sufficient to constitute a cause of action, was sustained to the complaint. The plaintiff declined to plead further, and judgment was rendered for the defendants for oosts.
Error has been assigned upon’the sustaining of the demurrer.
The only question discussed by appellant is as to the jurisdiction of the court.
“ The appellant concedes that State courts have no jurisdiction over matters and proceedings in bankruptcy, but insists that a suit by an assignee in bankruptcy to collect a debt due the estate he represents is not a matter and proceeding in bankruptcy within the meaning of the statute.”
It will be seen that the District courts are made courts of bankruptcy; that the jurisdiction conferred shall extend to the collection of the assets of the bankrupt; and that the jurisdiction therein conferred upon the courts of the United States is exclusive of that of the several State courts. These
Under the revision of 1874, before referred to, in the case of Sherwood v. Burns, 58 Ind. 502, it was expressly held by this court that the State courts possessed no such jurisdiction, and that State courts could exercise jurisdiction in the collection of legal demands, where the sum did not exceed five hundred dollars, only when so directed by the court having charge of the estate of the bankrupt, which was subsequently approved in the case of Dashing v. State, 78 Ind. 357. And the same is substantially held in the case of Blair v. Hanna, 87 Ind. 298. And as this case is’ not claimed to be based upon such direction, we think the case of Sherwood v. Burns, supra, is decisive of the question under consideration. Notwithstanding the doubt that may have existed upon this question under the act of 1867, prior to the revision of 1874, the last decision of this court, above cited, leaves no doubt as to what the law now is, at least in Indiana, unless there has since been some change in the statutes upon this subject, and we
The court having no jurisdiction of the subject-matter of the cause of action, we need not examine the question as to whether the complaint stated sufficient facts.
There was no error in the sustaining of the demurrer to the complaint.
The judgment ought to be affirmed.
Per Curiam. — It is therefore ordered,- upon the foregoing opinion, that the judgment of the court below be and it is in all things affirmed, with costs.
Zollars, J., did not participate in the decision of this case.