Legal Opinion

In re Smith

District Court, N.D. Georgia

Decided February 10, 1902No. 806PublishedCited by 3 opinions

In Bankruptcy.

1Opinion of the Court

NEWMAN, District Judge.

As this case now stands, the petitioning creditors ask the court to issue a restraining order to prevent J. W. Dunford from removing or changing in any way the present condition of the fixtures in the premises at No. 79 South Broad street, Atlanta, Ga. The power of the court with reference to property which is claimed to be a part of the assets of the bankrupt is fully determined in Bryan v. Bernheimer, 181 U. S. 188, 21 Sup. Ct. 557, 45 L. Ed. 814. In the opinion by the court it is said:

“If the bankrupt does not voluntarily aid the court, or is inclined to defeat the…

2Cases cited3 opinions

Bryan v. BernheimerSupreme Court of the United States · 1901
Feibelman v. PackardSupreme Court of the United States · 1883
Sharpe v. DoyleSupreme Court of the United States · 1881

3Cited by3 opinions

Gerber Co., Inc. v. First National BankSupreme Court of Connecticut · 1930
In re SchowDistrict Court, D. Connecticut · 1914
In re J. W. Lavery & SonDistrict Court, D. Massachusetts · 1916