Fairbanks Steam Shovel Co. v. Wills
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. In the matter of bankruptcy proceedings of the Federal Contracting Company, bankrupt. From an order adjudging that a chattel mortgage, executed by the bankrupt to the Fairbanks Steam Shovel Company, was invalid as against William V. Wills, trustee in bankruptcy, the Fairbanks Steam Shovel Company appeals.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. In the matter of bankruptcy proceedings of the Federal Contracting Company, bankrupt. From an order adjudging that a chattel mortgage, executed by the bankrupt to the Fairbanks Steam Shovel Company, was invalid as against William V. Wills, trustee in bankruptcy, the Fairbanks Steam Shovel Company appeals. From the agreed statement of facts it appears that on March 25, 1913, Federal Contracting Company hereinafter termed the bankrupt, was adjudicated a…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). On the hearing of the appeal herein, appellant orally urged upon the court the question of the right of the trustee to bring and maintain this cause in the District Court, for the reasons:
[1] First. That the District Court had no jurisdiction over the subject-matter of this suit under the decision of the Supreme Court in Harris v. First National Bank, 216 U. S. 382, 30 Sup. Ct. 296, 54 L. Ed. 528. With regard to this objection, it suffices to say that appellant’s answer to the merits, and its acts in contesting the merits during the pendency of the suit,…
2Cases cited18 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Everett v. JudsonSupreme Court of the United States · 1913
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Central Republic Bank & Trust Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1932
- In Re Prima Co.Court of Appeals for the Seventh Circuit · 1938
- In Re WarrenDistrict Court, S.D. Ohio · 1975
- United States v. Mid-Continent Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Gorman v. A. B. Leach & Co.District Court, E.D. New York · 1926
17 more not listed; retrieve them via the Exa API.