Melville Fuller

“ The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted, and such controversies had been between the bankrupts and such adverse claimants. ”

“ Rep. 397.
'From final judgments of the circuit court in all other civil suits an appeal or writ of error lies to the circuit court of appeals; and the judgments rendered thereon by the circuit court of appeals are final (unless this court, by writ of certiorari or otherwise, orders the whole case to be brought up for its decision) in all cases in which the jurisdiction of the circuit court 'is dependent entirely upon the parties being aliens and citizens of the United States, or citizens of different states;' as well as in cases arising under the patent laws, or under the revenue laws. ”

“ Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt whose estate is being administered by such trustee might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant.' [30 Stat. at L. 552, chap. 541, U.S.C.omp. Stat. 1901, p. 3431.] ”