In re Weedman Stave Co.
District Court, E.D. Arkansas
In the matter of the Weedman Stave Company, bankrupt. On motion for dissolution of restraining order, and to set aside an order requiring a receiver of a state court to turn over property to receiver in bankruptcy.
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In the matter of the Weedman Stave Company, bankrupt. On motion for dissolution of restraining order, and to set aside an order requiring a receiver of a state court to turn over property to receiver in bankruptcy. Proceedings of involuntary bankruptcy were instituted by a creditor in this cause; the act of bankruptcy alleged being that within four months the bankrupt admitted in writing its inability to pay its debts and its willingness to be adjudged a bankrupt on that ground. On the same day the petitioner asked for the appointment of a receiver to take charge of the assets of the…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). Does the fact that the proceedings in the state court and the appointment of the receiver by that court were consummated more than four months prior to the institution of the bankruptcy proceedings prevent this court from taking charge of the assets of the bankrupt and require him to deliver them to the officer of this court, when the proceedings in the state court which resulted in the appointment of the receiver were under the insolvency laws of the state of Arkansas?
Counsel for the receiver of the state court relies upon the general statements, found in…
2Cases cited29 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- In Re Watts and SachsSupreme Court of the United States · 1903
- Randolph v. ScruggsSupreme Court of the United States · 1903
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3Cited by18 opinions
- Straton v. NewSupreme Court of the United States · 1931
- International Shoe Co. v. PinkusSupreme Court of the United States · 1929
- In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
- Gelatt v. DeDakisWisconsin Supreme Court · 1977
- Morgan v. StateSupreme Court of Arkansas · 1922
13 more not listed; retrieve them via the Exa API.