Page:Federal Reporter, 1st Series, Volume 8.djvu/66

a2> FEDERAL RBPOBTEIk �law which expressly gives to circuit courts concurrent Junsdiction with the district courts of all suits at law or in equity brought by an assignee in bankruptey against any person claiming an adverse in- terest, or by such person against such assignee touching any prop- erty or right of property of the bankrupt transferable to or vested in the assignee, and it was by virtue of this provision of the law that the jurisdiction was maintained. �U. S. V. Stiner, 8 Blatchf. 544, is also cited. This was a creditor's bill filed in the circuit court and founded on a judgment recovered by the United States in the district court, and the question was whether the circuit court had jurisdiction of the case. It was held without hesitation, by Judge Blatchford, that jurisdiction was plainly con- ferred by the eleventh section of the act of September 24, 1789, (1 St. at Large, 78,) which gave to the circuit courts original cogni- zance of all suits of a civil nature at law or in equity where the mat- ter in dispute exceeded, exclusive of oosts, $500, and in which the United States were plaintiffs. Nothing oould be clearer 'than that, under this express statutory authority, a creditor's bill oould be pros* ecutedby the United States in the circuit court to enforoe payui«nt of the judgment recovered in the district court. �Since direct adjudication of the precise question involved is Want- ing, we aire lef t to deal with it in the light of such general principles as may be applicable. And, j^rs*, it may be remarked that the cir- cuit court has no general supervisory jurisdiction over the proceed- ings of the district court in admiralfcy. Its exercise of any super- visory control whatever is limited to the case of an appeal or other equivalent and direct mode of procedure where in a particular oontro- versy it is made the subject of review. In other words, a general juris- diction of the sort invoked here cannot be borrowed by the circuit court from the inf erior court on the ground that the original proceed- ing in the latter court was one in admiralty. The final judgment in the district court was a judgment in personam, and became a simple money demand, enforceable as such by suitable proceedings in a court having authority to entertain such methods of procedure as the case might require. The circuit and district courts of the United States are distinct and separate courts, each having, so to speak, its own sphere of jurisdiction. In some classes of cases their jurisdiction is by statuts made concurrent ; otherwise, it is as distinct as is the sub- ject-matter of the controversies with which they may have to deal. As we have seen from the authorities, the theory of ancillary bills, except as special statutes may govern particular cases, presupposes ��� �