104 F. 133 | 6th Cir. | 1900
after stating the foregoing facts, delivered the opinion of the court.
There can he no question that, under the constitution and laws of the United States, exclusive power is given to the courts of the United States in matters of bankruptcy. By section 11 of the “act of 1898, to establish a uniform system of bankruptcy throughout the United States,” it is provided that a suit which is founded upon a claim from which a discharge would be a release, and which is pending against a person at the time of the filing of a petition against him, shall be stayed until after an adjudication or the dismissal of the petition. If such person is adjudged a bankrupt, then such action may be further stayed until 12 months after the date of such adjudication, or, if within that time such person applies for a discharge, then until the question of such discharge is determined. From the statement of this case it appears that Houston, having been adjudicated a bankrupt, filed an application for a restraining order against the.opposing party to restrain further proceedings for the collection of alimony under the decree awarding alimony to his wife. The district court, acting upon the belief and understanding that this claim was one for