Clark-Herrin-Campbell Co. v. H. B. Claflin Co.
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from tbe District Court of the United States for the Northern District of Mississippi; Henry C. Niles, Judge. In the matter of the Clark-Herrin-Campbell Company, alleged bankrupt. On petition by said company against the H. B. Claflin Company and others, petitioning creditors, to superintend and revise an order of the District Court.
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Petition to Superintend and Revise from tbe District Court of the United States for the Northern District of Mississippi; Henry C. Niles, Judge. In the matter of the Clark-Herrin-Campbell Company, alleged bankrupt. On petition by said company against the H. B. Claflin Company and others, petitioning creditors, to superintend and revise an order of the District Court. The petitioner, Clark-Herrin-Campbell Company, is a Mississippi corporation, located at Clarksdale, in said state. An involuntary petition in bankruptcy was filed against it October 31, 1912, at Oxford, in the Western division of…
1Opinion of the CourtSheppard, District Judge
(after stating the facts as above). The rulings of the District Court are brought here on a petition for revision, and. the matter specifically complained of is the overruling of defendant’s objection to the maintenance of the suit against it in the Western' division of the district, since the defendant was an inhabitant of the [Delta division and had seasonably asserted its right to the venue of its domicile as provided in section 53 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1101 [Comp. St. 1913, § 1035]):
*431“When a district contains more than One division, every suit not of a…
2Cases cited6 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Big Vein Coal Co. of W. Va. v. ReadSupreme Court of the United States · 1913
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3Cited by5 opinions
- Gerzof v. Miller (In Re Miller)United States Bankruptcy Court, E.D. New York · 1981
- In Re Realty Associates Securities CorporationDistrict Court, E.D. New York · 1943
- Board of Education of Granite School Dist. v. Southern Surety Co.Utah Supreme Court · 1930
- In re Kurtz Brass Bed Co.District Court, E.D. Michigan · 1918
- In re Miller's Dresses, Inc.District Court, N.D. Texas · 1932