In re Walsh Bros.
District Court, N.D. Iowa
In Bankruptcy. On petition for review of an order of the referee denying an application of the trustee for an order for the return of property alleged to have been transferred and delivered by the bankrupts as a preference prior to the bankruptcy proceeding.
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In Bankruptcy. On petition for review of an order of the referee denying an application of the trustee for an order for the return of property alleged to have been transferred and delivered by the bankrupts as a preference prior to the bankruptcy proceeding. Walsh Bros., a copartnership, dealers in farm implements and machinery, were adjudged bankrupts by this court January 18, 1908, upon their own petition filed that day, and a trustee of their estate was afterwards duly appointed. About March 7, 1908, the trustee filed with the referee an application setting forth that the bankrupts on…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The jurisdiction of the referee to pass upon the merits of the controversy arising upon the application of the trustee and the answer of Burns Bros, thereto was not raised before the referee, other than by the facts alleged in the application of the trustee and the answer of Burns Bros., and the request of the latter that they be dismissed with their costs. But the j urisdiction of a federal court to determine a matter presented to it is a question that asserts itself, and the court will notice it, though it is not raised by the parties. The application of…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- White v. SchloerbSupreme Court of the United States · 1900
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3Cited by15 opinions
- In Re FaersteinCourt of Appeals for the Ninth Circuit · 1932
- McCulloch v. Davenport Savings BankDistrict Court, S.D. Iowa · 1915
- In re PeacockU.S. Circuit Court for the District of Eastern North Carolina · 1910
- In re BallouDistrict Court, E.D. Kentucky · 1914
- In Re Alliance Beverage Co., Inc.District Court, N.D. Indiana · 1976
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