Charles Evans Hughes

“ We think that the exceptions thus established by the amending acts show clearly that it was the intent of the Congress that section 23b should operate as a grant of jurisdiction to the federal court of suits brought by a trustee in bankruptcy against adverse claimants, provided the defendant consented to be sued in that court, although the bankrupt could not have brought suit there if proceedings in bankruptcy had not been instituted, and that, in suits falling within the exceptions, the federal court should have jurisdiction without the defendant's consent. ”

“ This is a plenary suit brought by respondent, trustee in bankruptcy, in the District Court to enjoin the sale of certain property, alleged to be fixtures, attached to the manufacturing plant of the bankrupt, which petitioner, as sheriff, was threatening to sell under an execution issued more than four months prior to the bankruptcy proceeding upon a judgment recovered against the bankrupt in the court of common pleas of Hamilton county, Ohio. ”

“ Bush v. Elliott, 202 U.S. 477, 479, 483, 26 S.Ct. 668, 50 L.Ed. 1114; Harris v. First National Bank, 216 U.S. 382, 383, 30 S.Ct. 296, 54 L.Ed. 528; Wood v. A. Wilbert's Sons Shingle & Lumber Co., 226 U.S. 384, 387, 33 S.Ct. ”