In re Callison
District Court, S.D. Florida
In Bankruptcy. Petition in involuntary bankruptcy by William J. Brake, administrator of the estate of Gerard H. Brake, deceased. On demurrer to petition.
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In Bankruptcy. Petition in involuntary bankruptcy by William J. Brake, administrator of the estate of Gerard H. Brake, deceased. On demurrer to petition. The petition in this case alleges, in substance, the general jurisdictional facts, but omitting any allegation of the character of the business or occupation of N. A. Callison, the alleged bankrupt, and then further alleges that on the 29th day of May, 1903, the petitioner recovered a judgment at law against defendant for $6,000 damages, which judgment remains in full force and effect, unsatisfied and unreversed; that defendant is insolvent,…
1Opinion of the Court
LOCKE, District Judge.
There are two questions presented in the demurrer to this petition:
First, should not the petition negative the exceptions in the statute, so ás to bring the party desired to be put into'bankruptcy within the class of persons declared to be liable? It is a well-established principle in criminal pleading that all exceptions in the statute must be negatived in the allegations of the pleader. Ledbetter v. United States, 170 U. S. 606, 18 Sup. Ct. 774, 42 L. Ed. 1162. Although, in pleading, it has been held by some courts that, where the validity of the pleading in bankruptcy…
2Cases cited6 opinions
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- West Co. v. LeaSupreme Court of the United States · 1899
- Horbach v. HillSupreme Court of the United States · 1884
- In re BellahDistrict Court, D. Delaware · 1902
- Mattoon Nat. Bank of Mattoon v. First Nat. Bank of MattoonCourt of Appeals for the Seventh Circuit · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re FarthingDistrict Court, E.D. North Carolina · 1913
- In re PerryDistrict Court, D. Massachusetts · 1909
- Millan v. Exchange Bank of ManningtonCourt of Appeals for the Fourth Circuit · 1910
- In re HanyanDistrict Court, S.D. New York · 1910
- Rise v. BordnerDistrict Court, M.D. Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.