Legal Opinion

In re Antigo Screen Door Co.

Court of Appeals for the Seventh Circuit

Decided April 14, 1903No. 779PublishedCited by 45 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of Wisconsin. In Bankruptcy. On petition of the Langlade County Bank. The Antigo Screen Door Company, a corporation of the state of Wisconsin, had its principal office and place of business in the city of Antigo, Wis., and its sawmill in the town of Ackley, in Langlade county.

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Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of Wisconsin. In Bankruptcy. On petition of the Langlade County Bank. The Antigo Screen Door Company, a corporation of the state of Wisconsin, had its principal office and place of business in the city of Antigo, Wis., and its sawmill in the town of Ackley, in Langlade county. It was adjudged bankrupt upon- petition of its creditors, filed September 11, 1899, and a trustee thereafter appointed. On November 25, 1898, the bankrupt executed to the Langlade County Bank its chattel mortgage…

1Opinion of the CourtJenkins, Circuit Judge

A preliminary question suggests itself, whether the order to be reviewed is one in bankruptcy proceedings proper, or one in plenary suit or proceeding to determine the right of property. We have held In re Rusch, Bankrupt, 53 C. C. A. 631, 116 Fed. 270 (following In re Jacobs, 39 C. C. A. 647, 99 Fed. 539), that the power of the appellate court to review by original petition the ruling of the bankruptcy court extends only to an order made in the bankruptcy proceedings proper and does not embrace proceedings in suits by the trustee in bankruptcy. Here the petitioner was in possession of…

2Cases cited68 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  3. Metcalf v. BarkerSupreme Court of the United States · 1902
  4. Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
  5. White v. SchloerbSupreme Court of the United States · 1900

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3Cited by45 opinions

  1. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
  2. In re RodgersCourt of Appeals for the Seventh Circuit · 1903
  3. Blair v. BraileyCourt of Appeals for the Fifth Circuit · 1915
  4. In re McMahonCourt of Appeals for the Sixth Circuit · 1906
  5. In re DuckerCourt of Appeals for the Sixth Circuit · 1905

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