Legal Opinion

In re Wise

District Court, W.D. Washington

Decided April 6, 1914No. 5136PublishedCited by 5 opinions

In Bankruptcy. In the matter of bankruptcy proceedings of Boress Wise and the community composed of Boress Wise and his wife. On objections to cost bill, after a denial of an adjudication on an involuntary petition.

1Opinion of the Court

NETERER, District Judge.

A petition in involuntary bankruptcy was filed, and respondents answered denying bankruptcy. The issue thus raised was submitted to a jury, and a verdict returned in favor of respondent; motion for a new trial was made and denied; cost bill filed claiming, among other items, $20 attorney’s fees. Objection to the taxation of attorney’s fees and other costs is made.

[1] It is contended by the petitioning creditors that section 3e of the Bankruptcy Act precludes the taxation of costs; such subdivision being:

“Whenever a petition is filed by any person for the purpose of…

2Cases cited2 opinions

  1. In re MorrisDistrict Court, E.D. Pennsylvania · 1902
  2. In re HinesDistrict Court, D. Oregon · 1906

3Cited by5 opinions

  1. In re National Carbon Co.Court of Appeals for the Sixth Circuit · 1917
  2. In Re Wilkes-Barre Hotel Co.District Court, M.D. Pennsylvania · 1937
  3. In re J. Ito TerusakiDistrict Court, W.D. Washington · 1916
  4. In re Kurtz Brass Bed Co.District Court, E.D. Michigan · 1918
  5. Van Duser v. American Surety Co.Rochester City Court · 1934

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