In re Connolly
District Court, E.D. Pennsylvania
In Bankruptcy. The following is the opinion of the referee (EDWARD F. HOFFMAN): The only exception pressed in argument was the first exception “to the jurisdiction of the court.” A question of grave importance is raised. It is only necessary to state the circumstances of the case in hand to demonstrate the extreme limitation of the powers of the court if the exception should be sustained.
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In Bankruptcy. The following is the opinion of the referee (EDWARD F. HOFFMAN): The only exception pressed in argument was the first exception “to the jurisdiction of the court.” A question of grave importance is raised. It is only necessary to state the circumstances of the case in hand to demonstrate the extreme limitation of the powers of the court if the exception should be sustained. The bankrupt, Connolly, by bill of sale executed within four months of the adjudication, transferred to the respondent, Jones, a one-half interest in the stock of a livery stable of which he was proprietor.…
1Opinion of the Court
McPHERSOU, District Judge.
Upon the facts of the present case it would be superfluous to examine and decide the vexed question concerning the true meaning of clause “b” of section 23. Whether or not the trustee could have sustained this petition if a prompt objection to the jurisdiction had been made, it is clear that the conduct of the respondent (who is “the proposed defendant” of clause “b”) since the petition was filed can only be explained as giving “consent” that the dispute should be determined by the court in bankruptcy. He filed an answer on the merits, gave a bond conditioned to…
2Cited by9 opinions
- Central Republic Bank & Trust Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1932
- In re BerryDistrict Court, E.D. Michigan · 1917
- Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
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