In re Carolina Cooperage Co.
District Court, E.D. North Carolina
In Bankruptcy. On a petition in involuntary bankruptcy against the Carolina Cooperage Company, one Tyner, a creditor, who had recovered judgment against the corporation, and caused execution to be levied on its property, intervened, and opposed the adjudication, alleging that the corporation was solvent, and claiming a prior lien on its property.
Read the full summary
In Bankruptcy. On a petition in involuntary bankruptcy against the Carolina Cooperage Company, one Tyner, a creditor, who had recovered judgment against the corporation, and caused execution to be levied on its property, intervened, and opposed the adjudication, alleging that the corporation was solvent, and claiming a prior lien on its property. The defense failing, and the adjudication being made, the court ordered that there should be taxed against the intervener' such part of the costs of the proceeding as were rendered necessary by his intervention and claim of priority. Tyner excepted…
1Opinion of the Court
PURNELL, District Judge.
The report of the referee, after hearing counsel on motion to retax costs in compliance with a former order in this behalf against the interpleader, Tyner, of such costs as were rendered necessary by said Tyner’s resisting the adjudication and Ms claim of priority, having been duly tiled and considered, it is ordered and adjudged:
1. “That the recommendation of the referee that the costs taxed against said Tyner for ‘entering and filing the report of the referee on priority of claim,’ recording the same, and serving original papers, be stricken out,” is affirmed.
2. The…
2Cases cited1 opinion
- Branfoot v. HamiltonCourt of Appeals for the Fourth Circuit · 1892
3Cited by7 opinions
- Henkel v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of the United States · 1932
- Morgan v. KightDistrict Court, E.D. North Carolina · 1968
- Robinson v. RexCourt of Appeals for the Fifth Circuit · 1935
- Bone v. Walsh Const. Co.District Court, S.D. Iowa · 1916
- In re SmithDistrict Court, E.D. North Carolina · 1901
2 more not listed; retrieve them via the Exa API.