Ridgely Nat. Bank v. Matheny
Court of Appeals for the Seventh Circuit
In Bankruptcy. Petition for revision of an order made by a court of bankruptcy. This is a petition under subdivision “b” of section 24 of the bankrupt act of 1898 for a revision of proceedings in bankruptcy of the district court of the United States for the Southern district of Illinois.
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In Bankruptcy. Petition for revision of an order made by a court of bankruptcy. This is a petition under subdivision “b” of section 24 of the bankrupt act of 1898 for a revision of proceedings in bankruptcy of the district court of the United States for the Southern district of Illinois. The material facts are these: Pamelia S. Clark, holding a first mortgage, and the Ridgely National Bank of Springfield, 111., holding a second mortgage, executed hy Edgar W. Utt, John P. Utt, and Frank Utt, partners under the name of Utt Bros., upon real estate, on March 21, 1899, obtained in tbe circuit…
1Opinion of the CourtWoods, Circuit Judge
It is insisted that the petition should be dismissed for the lack of necessary parties, who, it is said, are directly interested and not represented'by the trustee, who is the sole respondent. It is a sufficient answer that none of those referred to were parties to the proceedings below, none of them had intervened for the purpose of asserting a claim upon the fund, and except in the petition of the trustee their names appear nowhere in the record. Represented as they were solely by the trustee below, they must be deemed to be sufficiently represented by him here. Besides, as already stated,…
2Cases cited5 opinions
- In re BarberDistrict Court, D. Minnesota · 1899
- In re FieldingDistrict Court, W.D. Missouri · 1899
- In re HortonCourt of Appeals for the Eighth Circuit · 1900
- In re Ft. Wayne Electric Corp.District Court, D. Indiana · 1899
- In re HollowayDistrict Court, D. Kentucky · 1899
3Cited by25 opinions
- Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
- Seaboard Nat. Bank v. Rogers Milk Products Co.Court of Appeals for the Second Circuit · 1927
- Gillespie v. J. C. Piles & Co.Court of Appeals for the Eighth Circuit · 1910
- In re GoldsmithDistrict Court, N.D. Texas · 1902
- In re ZehnerDistrict Court, E.D. Louisiana · 1912
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