Pollack v. Meyer Bros. Drug Co.
Court of Appeals for the Eighth Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. In the matter of Joseph Pollack, bankrupt. Petition by the bankrupt to revise an order made on petition of the Meyer Bros. Drug Company and other creditors, reopening the estate.
1DissentSanborn, Circuit Judge
I am unable to concur in the opinion of the majority in this case for the following reasons;
First. The opinion states that, because the bankrupt answered over after the overruling of his demurrer to the creditors’ petition to open the proceedings in bankruptcy, he waived his demurrer, as though it were the universal rule that pleading over after the overruling of a demurrer waived the objection raised by it, and deprived the defeated party of the right to review in a federal appellate court the ruling upon the demurrer. This statement seems to me to be liable to mislead those who read the…
2Cases cited37 opinions
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- St. Clair v. United StatesSupreme Court of the United States · 1894
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Doe v. ConsidineSupreme Court of the United States · 1868
- Hudson v. ParkerSupreme Court of the United States · 1895
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