Page:Federal Reporter, 1st Series, Volume 3.djvu/96

 CLAEK V. EWINfl. 89 �the proviso above quoted. * * * It îs claimed that this proviso is to be construed as conferring upon the stat© courts jurisdietion of actions for the collection of the; debts and assets of the bankrupt, directed by the bankrupt court to be brought in the state courts, and by implication to exclude jurisdietion in ail other cases. We, however, concur in the view expressed by the supreme court of Massachusetts, In Goodrich v. Wilson, 119 Mass. 429, that the eîïect of this amendment is not to confer or take away jurisdietion of the state court, but simply to allow the federal courts to decline to entertain actions at common law, to wbich the assignee is a party, in which the debt demanded is less than the amount which determines the jurisdietion of these courts in other cases. �"It is also claimed that the state courts are deprived of jurisdietion of action by assignees in bankruptcy, to recover debts due to the bankrupt, by section 711 of the Eevised Stat- utes of the United States, which declares that the jurisdietion vested in the courts of the United States in the cases and proeeedings mentioned in the section shall be exclusive of the courts of the several states. This declaration is followed by a specification of eight classes of cases, of which the sixth is ' of ail matters and proeeedings in bankruptcy.' The argu- ment is that a suit brought by an assignee in bankruptcy, to collect a debt due to the bankrupt, is a matter and proceed- ing in bankruptcy, and that the jurisdietion of the state courts is therefore excluded. We not think that a suit brought for this purpose, is a matter or proceeding in bankruptcy, within the meaning of section 711. * * * • "It may be difficult to make a complete definition of what are matters and proeeedings in bankruptcywithin section 711, but it may be stated, in general terms, that they are the matters and proeeedings which pertain to the special and peculiar jurisdietion of the federal courts as courts of bank- ruptcy, The adjudication of the bankruptcy; the appoint - ment of assignees and other agents for the administration of the System; the vesting of the title to the bankrupt's property in the assignee; the marshaling and distribution of the assets; ����