Simonson v. Sinsheimer
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for tbe District of Kentucky. This is the second appeal of the appellant from the judgment of the district court at Louisville, adjudging the partnership of Simonson, Whiteson & Co., in which the appellant was a partner, to be bankrupts.
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Appeal from the District Court of the United States for tbe District of Kentucky. This is the second appeal of the appellant from the judgment of the district court at Louisville, adjudging the partnership of Simonson, Whiteson & Co., in which the appellant was a partner, to be bankrupts. The decision of this court on first appeal is reported in 37 C. C. A. 337, 96 Fed. 948. The petition in bankruptcy was filed on February 14, 1899, by throe firms, who alleged that they were creditors of the defendant partnership, in the aggregate sum of $10,000. It averred that on the 6th day of December,…
1Opinion of the CourtTaft, Circuit Judge
We are met at the outset of this appeal by the contention on the part of the appellees that, as the defendants were entitled to the trial by jury on the issue made by the petition and answer, the method of procedure in the court of appeals in reviewing the action of the court below should be in accordance with the rules which obtain in respect of the hearing of writs of error to judgments of law in cases where a jury is waived by stipulation in writing under a statute. The provisions of the bankrupt act relating to this subject are as follows:
Section 18d of the bankrupt act provides:
“If the…
2Cases cited5 opinions
- In Re NeagleSupreme Court of the United States · 1890
- West Co. v. LeaSupreme Court of the United States · 1899
- Dower v. RichardsSupreme Court of the United States · 1894
- Egan v. HartSupreme Court of the United States · 1897
- Haydock v. . CoopeNew York Court of Appeals · 1873
3Cited by6 opinions
- Walker v. Morgan & Bird Gravel Co.Court of Appeals for the Fifth Circuit · 1927
- Morss v. Franklin Coal Co.District Court, M.D. Pennsylvania · 1903
- In re KupferDistrict Court, S.D. New York · 1933
- In re General Footwear Corp.District Court, S.D. New York · 1931
- In re McKinnon Co.District Court, E.D. North Carolina · 1916
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