Legal Opinion

In re Hassenbusch

Court of Appeals for the Sixth Circuit

Decided April 2, 1901No. 954PublishedCited by 6 opinions

Petition for Revision of Proceedings of the District Court of the United Elates for the Western Division of the Western District of Tennessee, in Bankruptcy. The question now presented for decision arises upon an original petition filed in tliis court February 21, 1901, by the trustee in bankruptcy appointed in the court below, pursuant to section 24, subd.

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Petition for Revision of Proceedings of the District Court of the United Elates for the Western Division of the Western District of Tennessee, in Bankruptcy. The question now presented for decision arises upon an original petition filed in tliis court February 21, 1901, by the trustee in bankruptcy appointed in the court below, pursuant to section 24, subd. “b,” in which it is provided: “The several circuit courts of appeal shall have jurisdiction in equity, either interlocutor}- or final, to superintend and revise in matter of law the proceedings of the several inferior courts of bankruptcy…

1Opinion of the CourtClark, District Judge

It would seem that there ought to be no doubt or difficulty in regard to the meaning or interpretation of section 9, cl. “b,” when the entire subdivision and the subject to which it relates are considered. Indeed, the language of the provision throughout seems quite plain and free from difficulty, in view of the settled rule of construction applicable to a statutory power like that here conferred. The provisions of subdivision “b,” in which only the power to issue the warrant of arrest is found, are very plain and specific, and are not involved in any doubt by reference to the other…

2Cases cited3 opinions

  1. In re LipkeDistrict Court, S.D. New York · 1900
  2. M. & M. National Bank of Pittsburgh v. Brady's Bend Iron Co.District Court, W.D. Pennsylvania · 1871
  3. In re SheehanDistrict Court, E.D. Michigan · 1873

3Cited by6 opinions

  1. D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
  2. In re WilliamsDistrict Court, W.D. Tennessee · 1903
  3. State Mutual Life Assurance Company of Worcester v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1957
  4. United States v. 88 Cases, Etc., of Bireley's Orange BeverageDistrict Court, D. New Jersey · 1946
  5. In re Foster Const. Corp.Court of Appeals for the Second Circuit · 1931

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