In this action by a judgment creditor under section 526 Correct. of the Correction Law for an escape based on the release by the defendant from jail of the judgment debtor, the defendant set up as a first defense that "the release by the sheriff of this prisoner, which constituted the alleged escape, was in obedience to an order made in bankruptcy proceedings in the Southern District Court, which order specifically directed the sheriff to release the judgment debtor bankrupt."
PER CURIAM.
While, ordinarily, the United States courts are courts of limited jurisdiction they are given exclusive jurisdiction in bankruptcy and, therefore, their orders and judgments possess all the incidents and qualities of finality of courts of general jurisdiction in such matters. ( Sabin v. Larkin-Green Logging Co., 218 F. 984.) In the instant case it appeared on the face of the order discharging the prisoner that it was made in bankruptcy proceedings, which was the fact. Therefore, the ministerial officer was protected in obeying the order of discharge. ( Levy v. Melody, 50 Misc. 509.)
Order modified to the extent of denying the motion to dismiss the first separate defense, and as modified affirmed, without costs.
All concur; present, LEVY, CALLAHAN and UNTERMYER, JJ.