In re Plymouth Cordage Co.
Court of Appeals for the Eighth Circuit
On Petition for Review. This is a petition to superintend and revise in matter of law the proceeding of the District Court of the Second Judicial District of the territory of Oklahoma in the county of Kingfisher upon a petition of the Plymouth Cordage Company, a corporation, for an adjudication that its debtor, J. A. Smith, was a bankrupt. The petition for review was met in this court by a demurrer, so that all of its averments are admitted.
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On Petition for Review. This is a petition to superintend and revise in matter of law the proceeding of the District Court of the Second Judicial District of the territory of Oklahoma in the county of Kingfisher upon a petition of the Plymouth Cordage Company, a corporation, for an adjudication that its debtor, J. A. Smith, was a bankrupt. The petition for review was met in this court by a demurrer, so that all of its averments are admitted. They disclose these facts: The Plymouth Cordage Company had a provable claim against J. A. Smith for $4,430.25, and on October 31, 1901, it filed a…
1Opinion of the CourtSanborn, Circuit Judge
The course of this proceeding in bankruptcy in the court below has been tedious, tortuous, and confusing, and 27 alleged errors are presented for our consideration. It is, however, necessary to consider but one question, and that is, was the petition of the cordage company properly dismissed? The grounds relied upon in this, court to sustain this dismissal are (1) that the petition was not filed in duplicate; (2) that it was not duly verified; (3) that it contained no averment that the defendant was not a wage-earner, or a person chiefly engaged in farming; (4) that it contained no averment…
2Cases cited17 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- In re MackeyDistrict Court, D. Delaware · 1901
- In re RomanowDistrict Court, D. Massachusetts · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Canute Steamship Co. v. Pittsburgh & West Virginia Coal Co.Supreme Court of the United States · 1923
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
50 more not listed; retrieve them via the Exa API.