Legal Opinion

Schweer v. Brown

Court of Appeals for the Eighth Circuit

Decided March 26, 1904No. 1,921PublishedCited by 17 opinions

Appeal from the District Court of the United States for the Eastern District of Arkansas. A petition of creditors, an order to show cause, a response by the bankrupt, and a hearing before the referee in bankruptcy upon the issue joined, resulted in a finding by the referee that Schweer, the bankrupt, had in his possession or under his control assets belonging to his estate in bankruptcy of the amount or value of $17,895.61, and an order that he surrender the same to the…

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Appeal from the District Court of the United States for the Eastern District of Arkansas. A petition of creditors, an order to show cause, a response by the bankrupt, and a hearing before the referee in bankruptcy upon the issue joined, resulted in a finding by the referee that Schweer, the bankrupt, had in his possession or under his control assets belonging to his estate in bankruptcy of the amount or value of $17,895.61, and an order that he surrender the same to the trustee. Upon the application of the bankrupt the matter was certified to the District Court of the United States for the…

1Opinion of the CourtHook, Circuit Judge

The first contention of the bankrupt is that the enforcement of the order of the District Court would constitute imprisonment for debt, and would therefore be in contravention of the provision of the Constitution of Arkansas (Const, art. 3, § 16) that no person shall be imprisoned for debt in any civil action on mesne or final process unless in case of fraud. This is no longer a debatable question. Assuming the correctness of the finding of the referee and of the District Court that the bankrupt had in his possession property belonging to his estate in bankruptcy, his obligation to comply…

2Cases cited5 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. In re RosserCourt of Appeals for the Eighth Circuit · 1900
  3. In re PurvineCourt of Appeals for the Fifth Circuit · 1899
  4. In re SchlesingerCourt of Appeals for the Second Circuit · 1900
  5. Ripon Knitting Works v. SchreiberDistrict Court, D. Washington · 1900

3Cited by17 opinions

  1. May v. HendersonSupreme Court of the United States · 1925
  2. Kirsner v. TaliaferroCourt of Appeals for the Fourth Circuit · 1912
  3. In re PerlmutterDistrict Court, D. New Jersey · 1919
  4. In re D. Levy & Co.Court of Appeals for the Second Circuit · 1905
  5. In re MeierCourt of Appeals for the Eighth Circuit · 1910

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