Shimer v. Powell
Court of Appeals for the Third Circuit
Petition to Review and Revise an Order of the District Court of the United States for the Eastern District of Pennsylvania;' Oliver B. Dickinson, Judge. In the matter of the bankruptcy of L. & R. Wister & Co.; Humbert B. Powell, trustee. The claim of Mrs. Sabine W. Wister was allowed, and Mrs. Betty Black Wister filed a petition for a review of the order. Thereafter she petitioned to dismiss, and J. N. M. Shimer petitioned to intervene.
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Petition to Review and Revise an Order of the District Court of the United States for the Eastern District of Pennsylvania;' Oliver B. Dickinson, Judge. In the matter of the bankruptcy of L. & R. Wister & Co.; Humbert B. Powell, trustee. The claim of Mrs. Sabine W. Wister was allowed, and Mrs. Betty Black Wister filed a petition for a review of the order. Thereafter she petitioned to dismiss, and J. N. M. Shimer petitioned to intervene. The petition to intervene being denied, and petition to review being dismissed by the District Court (In re Wister, 232 Fed. 898), J. N. M. Shimer petitions…
1Opinion of the Court
WOOFFEY, Circuit Judge.
The question in this case is, whether a person, who is not a party to proceedings upon petition to the District Court to review a referee’s order, though equally interested with the petitioner in the subject matter, and who has not otherwise taken action of his own, has a right to intervene in those proceedings several months after they were begun, and, upon the withdrawal of the petitioner, be substituted as a party. Construing General Order No. 27 (89 Fed. xi, 32 C. C. A. xxvii), and applying its rule supplementing that order, the District Court found adversely to the…
2Cases cited10 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Neale v. NealesSupreme Court of the United States · 1870
- Hardin v. BoydSupreme Court of the United States · 1885
- French v. GapenSupreme Court of the United States · 1882
- In re Home Discount Co.District Court, N.D. Alabama · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942
- International Agr. Corp. v. CaryCourt of Appeals for the Sixth Circuit · 1917
- Thummess v. Von HoffmanCourt of Appeals for the Third Circuit · 1940
- Miller v. HatfieldCourt of Appeals for the Sixth Circuit · 1940
- A. M. MacNeil v. Benjamin Gargill, TrusteeCourt of Appeals for the First Circuit · 1956
6 more not listed; retrieve them via the Exa API.