Legal Opinion

Sweatt v. Boston, H. & E. R.

U.S. Circuit Court for the District of Massachusetts

Decided September 7, 1871PublishedCited by 8 opinions

Proceedings in bankruptcy were instituted against the Boston, Hartford & Erie Railroad Company in the district court of this district, October 21, 1S70, on the petition of Seth Adams, one of the creditors of the company, and on the 2d of March, 1871, the company was adjudged bankrupt on said petition.

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Proceedings in bankruptcy were instituted against the Boston, Hartford & Erie Railroad Company in the district court of this district, October 21, 1S70, on the petition of Seth Adams, one of the creditors of the company, and on the 2d of March, 1871, the company was adjudged bankrupt on said petition. The petitioner for revision [Enoch G. Sweatt], also one of the creditors of the company, on the ISth @f March filed a petition in the circuit court praying among other things for a revision and reversal of that decree. Further facts necessary to an understanding of the case are embodied in the…

1Opinion of the Court

CLIFFORD, Circuit Justice.

Circuit courts

within and for the districts where the proceedings in bankruptcy are pending have a general superintendence and jurisdiction of all cases and questions arising under the bankrupt act, “and, except when special provision is otherwise made, may, upon bill, petition, or other proper process of any party aggrieved, hear and determine the case as in a court of equity.” 14 Stat. 518. Evidently the revision contemplated by that clause is of a special and summary character, as sufficiently appears from the words "general superintendence” preceding and…

2Cited by8 opinions

  1. New Orleans, Spanish Fort & Lake Railroad v. DelamoreSupreme Court of the United States · 1885
  2. In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
  3. Schuster v. Ohio Farmers' Co-Op. Milk Ass'nCourt of Appeals for the Sixth Circuit · 1932
  4. City of Holland v. Holland City Gas Co.Court of Appeals for the Sixth Circuit · 1919
  5. Graham v. Boston, H. & E. R.U.S. Circuit Court for the District of Massachusetts · 1883

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