Cooney v. Dandridge
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. In the matter of John B. Dandridge and Spencer B. Pugh, alleged bankrupts. From a decree dismissing the petition, Hattie O. Cooney and the Illinois Fuel & Mining Company appeal. Appellants are two of the three petitioning creditors who sought an adjudication of bankruptcy against appellees.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. In the matter of John B. Dandridge and Spencer B. Pugh, alleged bankrupts. From a decree dismissing the petition, Hattie O. Cooney and the Illinois Fuel & Mining Company appeal. Appellants are two of the three petitioning creditors who sought an adjudication of bankruptcy against appellees. The appeal is from a decree denying adjudication and dismissing the petition. While the petition was pending, 19 creditors intervened and joined in the petition…
1Opinion of the Court
GEIGER, District Judge.
The general rule that parties against whom a joint judgment or order is rendered must unite in an appeal is applicable to appeals in bankruptcy proceedings; and Mr. Loveland, in his work on bankruptcy, volume 2, pages 1465 to 1469, after noting instances where such rule has been applied—the particular question before us not appearing to have been reviewed—observes:
“Where an appeal is taken from a judgment refusing to adjudge a defendant bankrupt, * * * all the petitioning creditors at least, and probably also such as may have appeared to join in the petition under…
2Cited by4 opinions
- Hill v. Western Electric Co.Court of Appeals for the Sixth Circuit · 1914
- Matter of Acord Ventilating Company, Alleged Bankrupt. Luse-Stevenson Company v. Acord Ventilating CompanyCourt of Appeals for the Seventh Circuit · 1955
- Marine Works, Inc. v. GallagherCourt of Appeals for the Third Circuit · 1925
- Schwartz v. WeingartCourt of Appeals for the Second Circuit · 1935