William R. Day

“ 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. ”

“ Applying the principles thus announced, remembering that we are dealing with an action which might have been brought by the bankrupt, but for the bankruptcy proceedings, in a circuit court of the united States, we think it is apparent that this action comes within the provisions of § 23 of the act of 1898. The effect of clause a, as pointed out by Mr. Justice Gray, is to prevent the jurisdiction of the United States circuit court from attaching because of the appointment of a trustee in bankruptcy. ”

“ Ct. Rep. 1007; Bryan v. Bernheimer, 181 U.S. 188, 45 L. ed. 814, 21 Sup. Ct. Rep. 557 (in which case the opinion was given by Mr. Justice Gray, who also delivered the opinion in the Bardes Case) ; and Whitney v. ”