Legal Opinion

Wulbern v. Drake

Court of Appeals for the Fourth Circuit

Decided February 3, 1903No. 452PublishedCited by 8 opinions

Appeal from the District Court of the United States for the District of South Carolina, in Bankruptcy. On the 31st of December, 1901, C. Wulbern & Co., Simons-Evans Manufacturing Company, and Drake-Innes-Green Shoe Company filed a petition against J. N. Drake, of the county of Marlborough, in the District of South Carolina, alleging that petitioners were creditors in excess of $500 of the said Drake, and that he owed debts in excess of $1,000. The petitioners further alleged…

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Appeal from the District Court of the United States for the District of South Carolina, in Bankruptcy. On the 31st of December, 1901, C. Wulbern & Co., Simons-Evans Manufacturing Company, and Drake-Innes-Green Shoe Company filed a petition against J. N. Drake, of the county of Marlborough, in the District of South Carolina, alleging that petitioners were creditors in excess of $500 of the said Drake, and that he owed debts in excess of $1,000. The petitioners further alleged that the said Drake, within four months next preceding the date of the petition, had committed an act of bankruptcy by…

1Opinion of the CourtBoyd, District Judge

(after stating the facts as above). The law under which the question presented in this case arises will be found in Bankr. Act, § 4b [U. S. Comp. St. 1901, p. 3423]:

“Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and…

2Cited by8 opinions

  1. Chudnov v. Board of AppealsSupreme Court of Connecticut · 1931
  2. Brown v. W. H. Kenworthy & SonCourt of Appeals for the Ninth Circuit · 1918
  3. Gregg v. MitchellCourt of Appeals for the Sixth Circuit · 1909
  4. Harris v. TappDistrict Court, S.D. Georgia · 1916
  5. In re BrownDistrict Court, S.D. Iowa · 1904

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