claflin houseman argued decided october error state new york action brought may new york county kings julius houseman claflin houseman assignee bankruptcy comstock young horace claflin section bankrupt act recover sum interest amount collected claflin judgment bankrupts recovered within four months commencement proceedings bankruptcy ground action stated complaint bankrupts suffered judgment taken default intent give claflin preference creditors time insolvent knew reasonable cause believe insolvent judgment obtained fraud bankrupt law defendant demurred complaint assigning cause first jurisdiction subject action secondly complaint state facts sufficient constitute cause action judgment rendered plaintiff thirteenth day january subsequently affirmed general term appeals judgment brought writ error second section act stat argued william henry arnoux plaintiff error congress exclusive right legislate federal courts exclusive power adjudicate ames bailey pet cornell mason osborn bank wheat state legislate courts adjudicate lathrop johns martin hunter lessee wheat rose hinely cranch mclean lafayette bank mclean stearns paine shearman bingham jurisdiction courts exclusive cases arising constitution laws treaties const art sects story sect martin hunter lessee supra ex parte cabrera griffin domingues duer mannhardt joderstron binn commonwealth kostaff serg davis packard pet houston moore wheat bankrupt act march construction terms confers exclusive jurisdiction upon district circuit courts goodall tuttle alexander id shearman bingham id ex parte christy mitchell great milling works story peck jenness mclean lafayette bank mclean moore jones right assignee bring suits collection assets bankrupt new right conferred upon act congress cook whipple therefore remedy afforded statute exclusive dudley mayhew jordan plank road morley id thurber blanck id hollister hollister bank keyes almy harris johns rex robinson burr fact assignee bankruptcy dependent upon national tribunals independent conclusive jurisdiction latter statutory actions brought officer appointed laws state courts neither interfere interrupt exercise authority clothed aid enforcing mckim voorhies cranch slocum mayberry wheat mcclung silliman id barney hall peters cranch mcnutt bland hopkins stockton watts distinct independent autonomies sovereign capacity laws foreign except surrendered powers ohio debolt buckner finley pet bank augusta earle id therefore state courts jurisdiction action brought person acting representative capacity barb parsons lyman williams storrs johns ch doolittle lewis id vroom van horn paige morrell dickey johns ch brown brown barb ch petersen chemical bank matter estate butler id mosselman caen barb abraham plestero wend willetts waite harrison sterry cranch johnson hunt wend hoyt thompson peale phipps orr amory mass booth clark submitted printed arguments lee defendant error justice bradley delivered opinion point principally relied plaintiff error assignee bankruptcy sue state courts argued cause action arises purely solely provisions act congress prosecuted courts state courts jurisdiction subject recently settled several district circuit courts jurisdiction bankrupt law causes arising proceedings bankruptcy pending districts much doubt subject finally settled last term favor jurisdiction lathrop assignee drake et decision otherwise long period generally supposed law assignees bankruptcy position plaintiff error correct utterly without remedy collect assets bankrupt districts bankruptcy proceedings pending neither state courts federal courts entertained jurisdiction revised statutes whether inadvertently made jurisdiction courts exclusive matters proceedings bankruptcy sect whether regulation affect cognizance plenary actions suits necessary determine events question cognizance must met case important principles involved require much deliberate consideration already effect decided opinion lathrop assignee drake et taken granted stated state courts jurisdiction question directly involved case fully considered eyster gaff et decided state deprived jurisdiction case bankruptcy defendant may proceed judgment without noticing bankruptcy proceedings assignee cause appearance entered proceed appear thing constitution incapacitate state courts taking cognizance causes bankruptcy parties constitutional argument plaintiff error supposes proceedings bankruptcy ipso facto determine subject eyster gaff et say mistake suppose bankrupt law avoids force judicial proceedings state courts instant one parties adjudged bankrupt nothing act sanctions proposition debtor bankrupt man contests right real personal property loses none rights bankruptcy adversary courts remain open contests statute divested courts jurisdiction actions certain classes actions conferred jurisdiction benefit assignee circuit district courts concurrent divest state courts pp conclusion reached courts federal state hold state courts concurrent jurisdiction courts actions suits bankrupt assignee party see samson burton bank reg payson dietz id gilbert priest id stevens mechanics savings bank mass cook whipple brown hall bush mays man nat bank penn contrary cases true brigham claflin voorhees frisbie others think former cases founded better reason assignee fourteenth section bankrupt act rev stat sect becomes invested bankrupt rights action property actions arising contract unlawful taking detention injury property right sue actions lie cases actions ejectment trespass trover assumpsit debt suits equity actions suits state courts cognizance assignee power bring courts well persons aliens foreign corporations may bring assignee simply derives title law title respected state courts case exactly bank first bank chartered capacity given sue sued courts record place whatsoever held bank deveaux cranch authorize bank sue courts without showing proper citizenship parties different bank obliged sue state courts yet right arising law much affirmed case assignee bankruptcy second bank express capacity sue sued state courts competent jurisdiction circuit case osborn bank wheat objected congress authority enable bank sue federal courts merely created act congress held otherwise sustained right sue therein question made right sue state courts bankrupt law substantially provisions subject present law held assignee sue state courts ex parte christie nugent boyd id wood jenkins met analogous cases occurred result reached general principle jurisdiction may conferred courts may made exclusive constitution exclusive jurisdiction neither express implied state courts concurrent jurisdiction whenever constitution competent take thus may sue state courts often may done surely principle greater includes less officer corporation created authority may enabled sue courts nothing constitution fairly considered forbids general question whether state courts exercise concurrent jurisdiction federal courts cases arising constitution laws treaties elaborately discussed bench published treatises sometimes leaning one direction sometimes result discussions judgment seen cases affirm jurisdiction excluded express provision incompatibility exercise arising nature particular case consider structure true relations federal state governments really foundation excluding state courts jurisdiction laws laws several much binding citizens courts thereof state laws foreign sovereignty regards several concurrent within jurisdiction paramount sovereignty every citizen state subject two distinct sovereignties concurrent jurisdiction state place persons though distinct legal equitable rights acquired either system laws may enforced either sovereignty competent hear determine kind rights restrained constitution exercise jurisdiction thus legal equitable right acquired state laws may prosecuted state courts also parties reside different federal courts rights whether legal equitable acquired laws may prosecuted courts state courts competent decide rights like character class subject however qualification right arises law congress may see fit give federal courts exclusive jurisdiction see remarks justice field moses taylor wall story martin hunter lessee wheat justice swayne ex parte mcneil wall jurisdiction sometimes exclusive express enactment sometimes implication act congress gives penalty party aggrieved without specifying remedy enforcement reason enforced provided otherwise act congress proper action state fact state derives existence functions state laws reason afford relief subject also laws much bound recognize operative within state recognize state laws two together form one system jurisprudence constitute law land state courts two jurisdictions foreign treated courts country jurisdiction partly different partly concurrent disposition regard laws emanating foreign jurisdiction founded erroneous views nature relations state federal governments often cause consequence unjustifiable jealousy government occasion disastrous evils country true sovereignties distinct neither interfere proper jurisdiction clearly shown chief justice taney case ableman booth hence state courts power revise action federal courts federal state except federal constitution laws involved reason state courts open prosecution rights growing laws jurisdiction competent denied reference discussions subject consideration given rise may place occasion fully examined number federalist alexander hamilton usual analytical power genius hardly argument suggestion made since anticipate showing exclusive delegation authority federal government arise one three ways either express grant exclusive authority particular subject simple grant authority subsequent prohibition thereof lastly authority granted union utterly incompatible similar authority says principles may also apply judiciary well legislative power hence infers state courts retain jurisdiction unless taken away one enumerated modes previous jurisdiction possibility extend cases might grow peculiar new constitution considered cases congress might give federal courts sole jurisdiction hold says state courts divested part primitive jurisdiction may relate appeal even opinion every case expressly excluded future acts national legislature course take cognizance causes acts may give birth infer nature judiciary power general genius system judiciary power every government looks beyond local municipal laws civil cases lays hold subjects litigation parties within jurisdiction though causes dispute relative laws distant part globe addition consider state governments national government truly light kindred systems parts one whole inference seems conclusive state courts concurrent jurisdiction cases arising laws union expressly prohibited views seem shared first congress drawing judiciary act distributing jurisdiction among various courts created act constant exercise authority include exclude state courts therefrom direction given subject assumed early judicial history state courts retained usual jurisdiction concurrently federal courts invested jurisdiction like cases thus judiciary act exclusive cognizance given circuit district courts crimes offences cognizable authority district courts civil causes admiralty maritime jurisdiction seizures water laws impost navigation trade seizures land penalties forfeitures incurred said laws concurrent jurisdiction state courts given district circuit courts causes alien sues tort violation law nations treaty writs common law plaintiffs circuit courts suit citizen state suit brought citizen another state alien party distinction made branches jurisdiction respect constitution uses expression cases respect term omitted supposed wherever constitution declares judicial power shall extend cases cases law equity arising constitution laws treaties cases affecting ambassadors jurisdiction federal courts necessarily exclusive power simply extended controversies certain class party jurisdiction federal courts necessarily exclusive distinction seems recognized congress already seen judiciary act subsequent acts show thing thus first patent law securing inventors discoveries inventions passed gave treble damages infringement recovered action case founded statute circuit competent jurisdiction course state courts subsequent acts subject couched terms regard jurisdiction circuit courts imply exclusive state courts expressly made see patent acts rev stat sect parsons barnard johns dudley mayhew comst elmer pennel regard naturalization subject necessarily within exclusive regulation congress first act subject passed subsequent acts give plenary jurisdiction state courts language act record one stat act designates superior district circuit one territorial districts circuit district stat acts passed jurisdiction given county courts along northern frontier suits fines penalties forfeitures revenue laws stat act march cognizance given state county courts generally suits taxes duties fines penalties forfeitures arising laws imposing direct taxes internal duties stat instances show prevalent opinion existed state courts competent jurisdiction cases arising wholly laws whether possessed particular case matter construction acts relating thereto true state courts certain instances declined exercise jurisdiction conferred upon militate weight general argument see lathrop johns see especially able dissenting opinion justice platt id indeed intimated justice story obiter dictum delivering opinion martin hunter lessee wheat state courts take direct cognizance cases arising constitution laws treaties jurisdiction existed constitution adopted true jurisdiction depending authority jurisdiction existed least certain extent authority inventors grants exclusive right inventions constitution adopted state courts jurisdiction thereof change authority creating right change nature right assertion therefore jurisdiction previously existed must taken important limitations much influence proper case arose adjudication houston moore decided wheat case congress passed act organizing calling forth militia prescribed punishment inflicted delinquents making liable pay certain fine determined adjudged without specifying legislature pennsylvania also passed militia law providing organization training calling militia establishing trial delinquents law many respects exactly corresponded far covered ground reason held inoperative void houston delinquent law tried state decided jurisdiction offence constituted fact enforce laws state legislature reenacted decision delivered justice washington based upon general principle state jurisdiction offence irrespective authority state federal created congress confer jurisdiction upon state courts courts might exercise jurisdiction cases authorized laws state prohibited exclusive jurisdiction federal courts justices story johnson dissented perhaps went case act congress instituted well provided complete code organization calling forth militia entire law pennsylvania subject might well regarded void may question construction conceded congress power make jurisdiction courts exclusive cohens virginia wheat chief justice marshall demonstrates necessity appellate power federal judiciary revise decisions state courts cases arising constitution laws order constitutional grant judicial power extending cases may full effect says propriety intrusting construction constitution laws made pursuance thereof judiciary union believe yet drawn question seems corollary political axiom federal courts either possess exclusive jurisdiction cases power revise judgment rendered state tribunals federal state courts concurrent jurisdiction cases arising constitution laws treaties case description brought state removed judgment revised judgment construction constitution laws treaties confided particularly judicial department confided equally department state courts however may constituted see subject discussed kent com sergeant const story sect curtis sects case teal felton suit brought state new york postmaster neglect duty deliver newspaper postal laws action sustained appeals new york decision affirmed comst see case decisive question consideration without discussing subject sufficient say hold assignee bankruptcy bankrupt act stood revision authority bring suit state courts wherever courts invested appropriate jurisdiction suited nature case judgment affirmed