Legal Opinion

Virginia-Carolina Chemical Co. v. Shelhorse

Court of Appeals for the Fourth Circuit

Decided November 10, 1915No. 1374PublishedCited by 9 opinions

Appeal from the District Court of the United States for the Western District of Virginia, at Danville; Henry Clay McDowell, Judge. Petition in involuntary bankruptcy by the Virginia-Carolina Chemical Company and others, opposed by J. C. Shelhorse, the alleged bankrupt, and others. Prom a decree denying the petition, the petitioning creditors appeal.

1Opinion of the Court

KNAPP, Circuit Judge.

The court below held that Shelhorse could not be put into involuntary bankruptcy because he was a wage-earner, and the correctness of that ruling is challenged on. this appeal.

[1, 2] We take it to be settled, at least in this circuit, that the question whether an insolvent is exempt, under section 4b of the Bankruptcy Act, depends upon his status as to occupation at the time the acts of bankruptcy were committed. Counts v. Columbus Buggy Co., 210 Fed. 748, 127 C. C. A. 298. It seems indisputable that up to May 1, 1914, if not later, Shelhorse had always been in the…

2Cases cited5 opinions

  1. Tiffany v. La Plume Condensed Milk Co.District Court, M.D. Pennsylvania · 1905
  2. In re CrenshawDistrict Court, S.D. Alabama · 1907
  3. In re BurginDistrict Court, N.D. Alabama · 1909
  4. Counts v. Columbus Buggy Co.Court of Appeals for the Fourth Circuit · 1913
  5. In re WakefieldDistrict Court, N.D. California · 1910

3Cited by9 opinions

  1. Harris v. Mills Novelty Co.Court of Appeals for the Tenth Circuit · 1939
  2. In re BrownDistrict Court, E.D. Missouri · 1922
  3. Harris v. TappDistrict Court, S.D. Georgia · 1916
  4. In Re GainfortDistrict Court, N.D. California · 1936
  5. In re DoroskiDistrict Court, E.D. New York · 1921

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