Watts v. McCulloch
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana. The appellants, comprising the firm of W. W. & J. R. Watts, presented claim before the referee in bankruptcy for legal services rendered under employment by the receiver, appointed by the circuit court of Floyd county, Ind., under a complaint filed and proceedings pending therein against M. Zier & Co., the bankrupt corporation, prior to the proceedings in bankruptcy.
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Appeal from the District Court of the United States for the District of Indiana. The appellants, comprising the firm of W. W. & J. R. Watts, presented claim before the referee in bankruptcy for legal services rendered under employment by the receiver, appointed by the circuit court of Floyd county, Ind., under a complaint filed and proceedings pending therein against M. Zier & Co., the bankrupt corporation, prior to the proceedings in bankruptcy. Their services are recited in an affidavit of W. W. Watts to consist of investigations of transactions of the corporation and its affairs, wherein…
1Opinion of the CourtSeaman, Circuit Judge
The fact alone that the appellants were employed by the receiver in the state court proceedings, and rendered useful professional services therein, establishes no jegal claim for allowance out of the estate in bankruptcy, by way of lien upon the assets or otherwise, as they were not performed on behalf of the bankrupt nor in the bankruptcy administration. Randolph v. Scruggs, 190 U. S. 533, 539, 23 Sup. Ct. 710, 47 L. Ed. 1165; In re Chase, 59 C. C. A. 629, 124 Fed. 753. The bankruptcy jurisdiction, when properly invoked, supersedes the prior proceedings in the state court for winding up, the…
2Cases cited3 opinions
- In Re Watts and SachsSupreme Court of the United States · 1903
- Randolph v. ScruggsSupreme Court of the United States · 1903
- In re ChaseCourt of Appeals for the First Circuit · 1903
3Cited by13 opinions
- In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
- In re Diamond's EstateCourt of Appeals for the Sixth Circuit · 1919
- Goldie v. CoxCourt of Appeals for the Eighth Circuit · 1942
- Guterman v. C. D. Parker & Co.Court of Appeals for the First Circuit · 1936
- In re Standard Fuller's Earth Co.District Court, S.D. Alabama · 1911
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