...urged that section 23b of the Bankruptcy Act is applicable to this cause, which provides as follows: "Suits by the trustee shall only be brought or prosecuted...except suits for the recovery of property under section GO, subdivision b, section 07, subdivision e, and section 70, subdivision e." Under this section the...

...3431]), as amended by Act Feb. 5, 1903, c, 487, § 8, 32 Stat. 798 [US Comp. St. Supp. 1905, p. 636], provides: "Suits by the trustee shall only be brought...by consent of the proposed defendant, except suits fur thf recovery of property under section sixty, subdivision 6, and section siftytecfn, subdivision...

...been instituted and such controversies had been between the bankrupts and such adverse claimants, (b) Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." Section 23, 30 Stat. 552, 553 (3 US Comp. St. 1901, p. 3431). It will be seen that under subdivisions...

...claims to the property of the bankrupt, and section 23b, providing that suits by a trustee in bankruptcy shall only be brought or prosecuted in the courts...instituted, unless by consent of the proposed defendant, relate only to suits brought by trustees in bankruptcy, and do not authorize the maintenance of a bill...

...controversies had been between the bankrupts and such adverse claimants. Subdivision "b" provides that suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt might have brought or prosecuted them, If proceedings in bankruptcy had not been instituted, unless...

...can be maintained, except with the consent of the defendants. In terms, this clause enacts that suite by the trustee shall only be brought or prosecuted in the courts where the bankrupt might have brought the same, if proceedings in bankruptcy had not been instituted. If this limitation...

...JURISDICTION OP Connrs OP BANKRUPTCY — SUITS BT TIIUSTP,ES. Bankr. Act 1898, § 23b, providing that "suits by the trustee shall only be brought or prosecuted In the courts whpre the bankrupt might have brought or prosecuted them, If proceedings In bankruptcy had not been...

...been Instituted and such controversies had been between the bankrupts and such adverse claimants. "(b) Suits by the trustee shall only be brought or prosecuted in the court! where the bankrupt, whose estate is being administered by such trustee, might have brought or...

...been instituted, and such controversies had been between the bankrupts and such adverse claimants. "b. Suits by the trustee shall only be brought or prosecuted...instituted, unless by consent of the proposed defendant." [30 Stat. at L. 552, chap. 541, US Сотр. Stat. 1901, p. 3431.] :, Plaintiff brought his action...

...Congress Concurrent jurisdiction was evidently intended, but section 23 (b) provides: "Suits by Trustees shall only be brought or prosecuted in the courts...instituted, unless by consent of the proposed defendant." The construction of this provision of the statute varied in the different Federal Courts, — some...