Legal Opinion

Siebert v. Dahlberg

Court of Appeals for the Eighth Circuit

Decided November 10, 1914No. 3975PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. In the matter of bankruptcy proceedings of Gustav Adolph Sie-bert. S. W. Dahlberg having filed objections to the bankrupt’s discharge, a limited order discharging him from certain debts was entered, from which he appeals.

1Opinion of the Court

HOOK, Circuit Judge.

This is an appeal by Siebert, a voluntary bankrupt, from a limitation of the order discharging him from his debts. More than six years previously he had been adjudged a bankrupt in- a like proceeding in another jurisdiction, but failed to apply for and obtain a discharge within the time limited by the Bankruptcy Act. In the present case the trial court held that this failure to apply for and obtain a discharge operated as a decree by default that he was not entitled to it, and therefore as res judicata in respect of the debts then scheduled and provable. It accordingly…

2Cases cited14 opinions

  1. Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
  2. Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
  3. In re KufflerCourt of Appeals for the Second Circuit · 1907
  4. Pollet v. CoselCourt of Appeals for the First Circuit · 1910
  5. In re SilvermanCourt of Appeals for the Second Circuit · 1907

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3Cited by6 opinions

  1. Armstrong v. NorrisCourt of Appeals for the Eighth Circuit · 1917
  2. Holmes v. DavidsonCourt of Appeals for the Ninth Circuit · 1936
  3. In Re ZeilerDistrict Court, S.D. New York · 1937
  4. In Re CederbaumDistrict Court, S.D. New York · 1939
  5. In re CooperDistrict Court, D. New Jersey · 1916

1 more not listed; retrieve them via the Exa API.

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