In re Waukesha Water Co.
District Court, E.D. Wisconsin
In Bankruptcy. On petition by the trustee for a rule upon Waukesha Hygeia Ice Company and John Mayo Palmer to show cause why certain instruments in the possession of the latter, including one purporting to convey to the former certain property of the bankrupt, now held by the trustee in bankruptcy, should not be surrendered for cancellation.
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In Bankruptcy. On petition by the trustee for a rule upon Waukesha Hygeia Ice Company and John Mayo Palmer to show cause why certain instruments in the possession of the latter, including one purporting to convey to the former certain property of the bankrupt, now held by the trustee in bankruptcy, should not be surrendered for cancellation. The transaction referred to is alleged to be unauthorized and unexecuted, and the deed and other papers thereupon deposited with Mr. Palmer, without delivery or record, for purposes unperformed, and under no valid contract of sale or other obligation, but…
1Opinion of the Court
SEAMAN, District Judge.
Jurisdiction of the subject-matter is undoubted under the recent decision in Mueller v. Nugent, 22 Sup. Ct. 269, 46 L. Ed. 405, 7 Am. Bankr. R. 224; and, if adverse claim to the property were asserted by the respondents, the court must ascertain whether it is of that character, and so takes cognizance to that extent at least. It determines for itself whether final jurisdiction exists.
The question raised, however, of jurisdiction to act in personam upon these respondents, who reside in another state and district, and are there served with the order to show cause in this…
2Cases cited7 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Toland v. SpragueSupreme Court of the United States · 1838
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Jones v. AndrewsSupreme Court of the United States · 1870
- Dunlap v. StetsonU.S. Circuit Court for the District of Maine · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Staunton v. WoodenCourt of Appeals for the Ninth Circuit · 1910
- In re FarrellCourt of Appeals for the Sixth Circuit · 1912
- In re Alphin & Lake Cotton Co.District Court, E.D. Arkansas · 1904
- In re GellerDistrict Court, D. New Jersey · 1914
- In re ScherberDistrict Court, D. Massachusetts · 1904
2 more not listed; retrieve them via the Exa API.