In re Lady Bryan Min. Co.
District Court, D. Nevada
W. T. Cummings, sheriff of Storey county, and Ely Johnson, moved to dissolve the injunction issued herein upon the following state of facts: On the twelfth day of August, eighteen hundred and seventy, said Ely Johnson commenced a suit in the first district court for Storey county, Nevada, against the Lady Bryan Mining Co., to recover the sum of about two thousand eight hundred dollars. [Upon his motion the court also vacated its order malting the company a bankrupt, upon the…
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W. T. Cummings, sheriff of Storey county, and Ely Johnson, moved to dissolve the injunction issued herein upon the following state of facts: On the twelfth day of August, eighteen hundred and seventy, said Ely Johnson commenced a suit in the first district court for Storey county, Nevada, against the Lady Bryan Mining Co., to recover the sum of about two thousand eight hundred dollars. [Upon his motion the court also vacated its order malting the company a bankrupt, upon the ground that said bankruptcy had been illegally obtained. Cases Nos. 7,978, 7,979.] Summons was duly served, and on the…
1Opinion of the Court
BY THE COURT.
The first ground upon which the motion to dissolve is based is that said injunction is not addressed to any person. Section forty gives this court power, upon making an order to show cause, to restrain by its injunction the debtor and any other person from transferring, disposing of, or interfering with the debtor’s property— between the time of filing the petition and the hearing of the order to show cause. This order may be made without notice,- and its office is to preserve the property of the debtor until the question of bankruptcy is determined. In the present case the…
2Cited by1 opinion
- Blake v. Francis-Valentine Co.District Court, N.D. California · 1898