In re Clisdell

• Decision Date: 24 April 1900
• Citation: In re Clisdell, 101 F. 246 (N.D. N.Y. 1900)
• Parties: In re CLISDELL.
• Court: U.S. District Court — Northern District of New York

101 F. 246

In re CLISDELL.

United States District Court, N.D. New York.

April 24, 1900

John F Parkhurst and R. R. Martin, for bankrupt.

Waldo W. Willard, for opposing creditor.

COXE District Judge.

The discharge is opposed upon the ground that the bankrupt was not domiciled within this district for six months, or the greater portion thereof, prior to filing his petition in bankruptcy. This question upon the facts is close and difficult. A similar issue was presented in Re Williams (D.C.) 99 F. 544, with the same result as that reached by the referee. It is unnecessary to decide this question here for the reason that, in the opinion of the court, it cannot be considered in this proceeding. Whether or not the court was right in adjudicating Clisdell a bankrupt, is not now in issue. He has been adjudicated a bankrupt. The petition was sufficient on its face, and nothing appeared in that proceeding challenging the jurisdiction of the court. The opposing creditor appeared and filed his proof of claim and examined the bankrupt before the referee. Here then is a bankrupt duly adjudicated. His petition for a discharge is a separate and distinct proceeding. The court is familiar with no rule of law by which, in such circumstances as are here shown, objections disputing jurisdiction in the original proceeding can be thus determined collaterally. It is too late. Certainly there is no...