In re Havens
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of Edwin B. Havens and another, doing business as E. B. Havens & Co., individually and as copartners, bankrupts. Petition by William W. Niles to revise an order perpetually restraining petitioner from issuing execution on a judgment rendered by the state court against the bankrupt.
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Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of Edwin B. Havens and another, doing business as E. B. Havens & Co., individually and as copartners, bankrupts. Petition by William W. Niles to revise an order perpetually restraining petitioner from issuing execution on a judgment rendered by the state court against the bankrupt. On May 24, 1907, an involuntary petition was filed against Havens, who after due adjudication was discharged on November 26, 3910; such discharge being ‘•from ail debts and claims which are made…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Under the Constitution bankruptcy is wholly a creature of statute, and under the present act of 1898 no authority can be found for staying suits by or against bankrupts, except section 11 (Comp. St. § 9595). This is true, notwithstanding that upon other and more general principles of law the bankruptcy court may stay suits, even in state courts, which interfere with the administration of the estate in charge of such bankruptcy court. In re Friedlaender, 233 Fed. 250, 147 C. C. A. 256; In re Amy (C. C. A.) 263 Fed. 8.
[2] It seems to have been thought…
2Cases cited8 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Hill v. HardingSupreme Court of the United States · 1883
- In re WeisbergDistrict Court, E.D. Michigan · 1918
- Hellman v. GoldstoneCourt of Appeals for the Third Circuit · 1908
- In re AmyCourt of Appeals for the Second Circuit · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Riehle v. MargoliesSupreme Court of the United States · 1929
- Kathleen Poolman v. William F. Poolman, BankruptCourt of Appeals for the Eighth Circuit · 1961
- Devereaux v. BelseyCourt of Appeals for the Second Circuit · 1935
- Harrison v. DonnellyCourt of Appeals for the Eighth Circuit · 1946
17 more not listed; retrieve them via the Exa API.