Legal Opinion

In re Mayer

Court of Appeals for the Seventh Circuit

Decided May 9, 1901No. 747PublishedCited by 10 opinions

In Review of an Order of the District Court of the United States for the Eastern District of Wisconsin. On August 19, 1899, Charles Mayer was duly adjudged an involuntary bankrupt, and ten days later filed in the proceeding a schedule, in which Iks claimed the exemption of certain real estate, on which were a double brick building anda frame dwelling, as a homestead under the laws of Wisconsin.

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In Review of an Order of the District Court of the United States for the Eastern District of Wisconsin. On August 19, 1899, Charles Mayer was duly adjudged an involuntary bankrupt, and ten days later filed in the proceeding a schedule, in which Iks claimed the exemption of certain real estate, on which were a double brick building anda frame dwelling, as a homestead under the laws of Wisconsin. This claim the trustee declined to allow, and the referee, being in doubt ‘"whether the bankrupt is entitled to claim the entire proi>erty as exempt, or whether the dwelling house alone should be set…

1Opinion of the CourtWoods, Circuit Judge

It is not clear that the motion to dismiss the petition because the petitioner is in contempt of the district court should not be sustained. The question is whether an adjudged bankrupt shall ,be heard to assert a claim for a homestead, of undetermined location or dimensions, while in contempt* of an order of the court requiring him to pay to the trustee a sum of money which he is wrongfully withholding, and when it appears that he had not included in his. schedule other moneys and property to a large amount, but had made fraudulent transfers thereof, and with his wife and family had…

2Cases cited17 opinions

  1. Jarvais v. MoeWisconsin Supreme Court · 1875
  2. Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
  3. Ferguson v. MasonWisconsin Supreme Court · 1884
  4. In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
  5. Godfrey v. ThorntonWisconsin Supreme Court · 1879

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3Cited by10 opinions

  1. United States v. GormanCourt of Appeals for the Seventh Circuit · 2010
  2. Freedman Bros. v. ParkerCourt of Appeals for the Ninth Circuit · 1911
  3. In re KaneCourt of Appeals for the Seventh Circuit · 1904
  4. McGahan v. AndersonCourt of Appeals for the Fourth Circuit · 1902
  5. In re YoungstromCourt of Appeals for the Eighth Circuit · 1907

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