Legal Opinion

In re Appel

District Court, D. Nebraska

Decided June 28, 1900PublishedCited by 3 opinions

In Bankruptcy. On objections to jurisdiction. 8am Appel was in business in Fremont, Neb., and continued to reside there until August 29, 1899, on which date he removed to Chicago. On September 1, 1899, three creditors (Julius Herman & Co., Stern, Falk & Co., and Arnold, Louchheiiu & Oo.) filed a petition against Sam Appel in bankruptcy.

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In Bankruptcy. On objections to jurisdiction. 8am Appel was in business in Fremont, Neb., and continued to reside there until August 29, 1899, on which date he removed to Chicago. On September 1, 1899, three creditors (Julius Herman & Co., Stern, Falk & Co., and Arnold, Louchheiiu & Oo.) filed a petition against Sam Appel in bankruptcy. Subpoena, was forthwith issued, but not served, as Sam Appel from and after August 29, 1899, had been a resident of Chicago, and continuously absent from the Nebraska district. On October ti, 1899, Keith Bros. & Co., Kohn Bros., and Sweet, Dempster & Co. filed…

1Opinion of the Court

MUNGER, District Judge.

This is a proceeding in involuntary bankruptcy. Defendant has made a special appearance, challenging the jurisdiction of the court upon the ground tiiat he was neither a resident of, nor did business within, the district of Nebraska for the greater portion of six months preceding the commencement of this action. Certain alleged creditors of bankrupt tiled their petition in this court to have the defendant adjudged a bankrupt within the period of time which would give this court: jurisdiction. No subpoena was served upon said application. ‘Subsequently other creditors…

2Cited by3 opinions

  1. Shute v. PattersonCourt of Appeals for the Eighth Circuit · 1906
  2. French v. WhiteSupreme Court of Vermont · 1905
  3. Hills v. F. D. McKinniss Co.District Court, N.D. Ohio · 1910

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