Legal Opinion

In re Nelson

District Court, W.D. Wisconsin

Decided January 11, 1899No. 3PublishedCited by 12 opinions

In Bankruptcy. On motion to dismiss petition in involuntary bankruptcy.

1Opinion of the Court

BL’XN, District Judge.

I think the petition in this case must be dismissed unless the petitioners be allowed to amend their petition so as to conform to the law and the forms of procedure provided by the supreme court.

1. I am of opinion that the allegation that Nelson, on the 1st day of November, 1898, suffered and permitted, while insolvent, one Mrs. Johnston, a creditor, to obtain a preference through legal proceedings by entry of judgment on a note dated 5th February, 1885, payable in live years after date, in the sum of $8,960, upon a warrant of attorney, is insufficient. He had a right to…

2Cases cited5 opinions

  1. Wilson v. City BankSupreme Court of the United States · 1873
  2. National Bank v. WarrenSupreme Court of the United States · 1878
  3. In re ButterfieldDistrict Court, N.D. Illinois · 1870
  4. Ex parte PottsU.S. Circuit Court for the District of Eastern Pennsylvania · 1842
  5. In re RandallDistrict Court, D. Oregon · 1869

3Cited by12 opinions

  1. In re BellahDistrict Court, D. Delaware · 1902
  2. In Re FullerCourt of Appeals for the Second Circuit · 1926
  3. Clark v. Henne & MeyerCourt of Appeals for the Fifth Circuit · 1904
  4. In re Pure Milk Co.District Court, S.D. Alabama · 1907
  5. In re ThomasDistrict Court, W.D. Pennsylvania · 1900

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