1091

Case No. 11,300.

POST v. ROUSE.

[1 Wkly. Notes Cas. 39.]

Circuit Court, D. Missouri.

Oct. 21, 1874.

COURTS—JURISDICTION OF UNITED STATES CIRCUIT COURT.

This was a suit by an assignee in bankruptcy for the district of Missouri against a citizen of Pennsylvania, alleging a preference. Plea, that the circuit court had no jurisdiction, the district court having exclusive jurisdiction, under the bankrupt act, except in the district where the assignee was appointed. Demurrer to plea.

Dickson & Platt, for plaintiff.

Mr. Hanna, for defendant.

THE COURT held that defendant must answer over, the circuit court having jurisdiction by reason of the citizenship of the parties, under the judiciary act of 1789 [1 Stat. 73].

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