Legal Opinion

In re Guanacevi Tunnel Co.

Court of Appeals for the Second Circuit

Decided December 9, 1912No. 14PublishedCited by 42 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York; Charles M. Hough, Judge. In the matter of the bankruptcy of the Guanacevi Tunnel Company, a bankrupt. Petition by Joseph G. Switzer to revise order o.f the District Court denying the application of the petitioner for the vacation of the adjudication in bankruptcy in a voluntary proceeding, and an order staying him from proceeding on his judgment in a-state court.

1Opinion of the Court

WARD, Circuit Judge.

This is a petition to revise an order of the District Court denying the application of the petitioner, a judgment creditor, to vacate the adjudication in bankruptcy in a voluntary proceeding and an order staying him from proceeding upon his judgment in the state court until 12 months after adjudication or denial of discharge.

February 15, 1911, Switzer, the petitioner, recovered a judgment in the state court of New York against the Guanacevi Tunnel Company upon which an execution was issued and returned wholly unsatisfied. Thereupon he instituted proceedings supplementary…

2Cases cited2 opinions

  1. Vanderpoel v. . GormanNew York Court of Appeals · 1894
  2. Rogers v. . PellNew York Court of Appeals · 1898

3Cited by42 opinions

  1. Kelly v. United States Steel Corp.Court of Appeals for the Third Circuit · 1960
  2. Royal Indemnity Co. v. American Bond & Mortgage Co.Supreme Court of the United States · 1933
  3. Colorado Interstate Gas Co. v. Federal Power CommissionCourt of Appeals for the Tenth Circuit · 1944
  4. Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
  5. Briney v. Burley (In Re Burley)United States Bankruptcy Court, C.D. California · 1981

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