Legal Opinion · Dissent

In re Mayer

Court of Appeals for the Seventh Circuit

Decided May 9, 1901No. 747Published

In Review of an Order of the District Court of the United States for the Eastern District of Wisconsin. On August 19, 1899, Charles Mayer was duly adjudged an involuntary bankrupt, and ten days later filed in the proceeding a schedule, in which Iks claimed the exemption of certain real estate, on which were a double brick building anda frame dwelling, as a homestead under the laws of Wisconsin.

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In Review of an Order of the District Court of the United States for the Eastern District of Wisconsin. On August 19, 1899, Charles Mayer was duly adjudged an involuntary bankrupt, and ten days later filed in the proceeding a schedule, in which Iks claimed the exemption of certain real estate, on which were a double brick building anda frame dwelling, as a homestead under the laws of Wisconsin. This claim the trustee declined to allow, and the referee, being in doubt ‘"whether the bankrupt is entitled to claim the entire proi>erty as exempt, or whether the dwelling house alone should be set…

1Dissent

JENKINS, Gircuit Judge

(dissenting). The motion to dismiss needs little comment, since the majority opinion, sustaining the motion arguendo, declines to pursue the reasoning to its logical conclusion and proceeds to the discussion of the merits. It may not be amiss, however, to say this much: The decree of February 8, 1900, adjudged that the north half of the fiat be set apart as the homestead of the bankrupt. The opinion of the court, filed with that decree, designates the homestead as the north half of the flat “upon the center line of the party wall extended to the rear of the unoccupied…

2Cases cited10 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
  3. In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
  4. In re BassU.S. Circuit Court for the Southern District of Georgia · 1877
  5. Cox v. WilderU.S. Circuit Court for the District of Eastern Missouri · 1872

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