Dittemore v. Cable Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for the County of Kootenai. Hon. William W. Woods, Judge. Action in assumpsit by a trustee in bankruptcy for the amount received by the defendant from the wrongful sale of property of the bankrupt estate. Judgment for plaintiff and defendant appealed. If it is claimed this action is brought under sec. 67, subd.
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APPEAL from the District Court of the First Judicial District, for the County of Kootenai. Hon. William W. Woods, Judge. Action in assumpsit by a trustee in bankruptcy for the amount received by the defendant from the wrongful sale of property of the bankrupt estate. Judgment for plaintiff and defendant appealed. If it is claimed this action is brought under sec. 67, subd. F of the bankruptcy act, then it plainly appears that the sheriff and not the Cable Milling Co. is the proper party. {Ryan v. Rogers, 12 Ida. 404, 86 Pac. 524; Ryan v. Rogers, 14 Ida. 309, 94 Pae. 430.) Title to a…
1Opinion of the CourtAilshie, J.
This action was commenced by the plaintiff as trustee of the estate of one J. H. Danner, a bankrupt. The action was brought for the purpose of recovering a judgment against the defendant for the sum received for certain merchandise sold under writ of execution. It is alleged that the defendant procured two judgments in the justice’s court against Danner, and filed abstracts of such judgments with the clerk of the district court on June 13, 1906, and caused writs of execution to issue out of the district court on both judgments. Under and by virtue of these executions, the sheriff levied on…
2Cases cited19 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- In re RodgersCourt of Appeals for the Seventh Circuit · 1903
- State Bank of Chicago v. CoxCourt of Appeals for the Seventh Circuit · 1906
- Aulbach v. DahlerIdaho Supreme Court · 1896
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
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3Cited by9 opinions
- Ladd v. UphamCourt of Appeals of Texas · 1933
- Harriman Institute of Social Research, Inc. v. Carrie Tingley Crippled Children's HospitalNew Mexico Supreme Court · 1938
- Salisbury v. SpoffordIdaho Supreme Court · 1912
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- McCrory v. Wichita CountyCourt of Appeals of Texas · 1953
4 more not listed; retrieve them via the Exa API.