T. S. Faulk & Co. v. Steiner, Lobman & Frank
Court of Appeals for the Fifth Circuit
Petitions for Revision of Proceedings of the District Court of the . United States for the Middle District of Alabama, in Bankruptcy. These cases are considered and decided together, as both petitions seek to revise and reverse the same decrees.
Read the full summary
Petitions for Revision of Proceedings of the District Court of the . United States for the Middle District of Alabama, in Bankruptcy. These cases are considered and decided together, as both petitions seek to revise and reverse the same decrees. On November 9, 1907, at 6 o’clock p. m., an involuntary petition in bankruptcy was filed in the court below against T. S. Faulk & Co. by Steiner, Lobman & Frank, Schloss & Kahn, and the Sessoms Grocery Company (who will hereafter be referred to as Steiner and others), averring that they had provable debts against the alleged bankrupts exceeding…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). 1. When the involuntary petition was filed, the petition to appoint a receiver was also filed, and the receiver was appointed immediately, without notice to the alleged bankrupts. No fact is alleged or shown by the record to authorize the appointment without notice. The bankruptcy act does not expressly provide that notice shall be given before the appointment shall be made, but it is a general rule that, from the institution of a suit until final judgment, every step that immediately affects the rights of a defendant should be preceded by notice, and, with…
2Cases cited5 opinions
- Hutchinson v. American Palace-Car Co.U.S. Circuit Court for the District of Maine · 1900
- Scott v. HotchkissCalifornia Supreme Court · 1896
- Ross-Meeham Foundry Co. v. Southern Car & Foundry Co.District Court, W.D. Tennessee · 1903
- Whelpley v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1868
- In re SarsarDistrict Court, W.D. Tennessee · 1903
3Cited by6 opinions
- Kattelman v. MaddenCourt of Appeals for the Eighth Circuit · 1937
- Lansdown v. FarisCourt of Appeals for the Eighth Circuit · 1933
- In re Hargadine-McKittrick Dry Goods Co.District Court, E.D. Missouri · 1917
- Sidney L. Bauman Diamond Co. v. HartCourt of Appeals for the Fifth Circuit · 1911
- In re American Bond & Mortgage Co.District Court, D. Maine · 1931
1 more not listed; retrieve them via the Exa API.