Grant v. Burns
Court of Appeals for the Seventh Circuit
Original Petition to Review and Revise in Matter of Law the Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. In the matter of bankruptcy proceeding of the American Electric Telephone Company.
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Original Petition to Review and Revise in Matter of Law the Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. In the matter of bankruptcy proceeding of the American Electric Telephone Company. On petition of George P. Grant, Jr., to review and revise in matter of law certain orders of the District Court of the Northern District of Illinois, etc., sustaining a garnishment of the trustee in bankruptcy for the benefit of Peter C. Burns, of dividends-payable by the trustee to Jesse P. Lyman and assigned to…
1Opinion of the CourtKohls Aat, Circuit Judge
(after stating the facts as above). The main question here presented is whether or not it was error for the District Court to permit the introduction into this bankruptcy proceeding of an independent and entirely irrelevant matter. For respondent it is claimed that by analogy the law and practice relative to permitting suits against receivers is applicable to trustees in bankruptcy. If this be so, then the District Court had the power, in its legal discretion, to permit the garnishment of the trustee. Undoubtedly the bankruptcy court has power to permit suit against its trustee or receiver…
2Cases cited4 opinions
- Wood v. A. Wilbert's Sons Shingle & Lumber Co.Supreme Court of the United States · 1912
- Priestly v. Hilliard & TaborCourt of Appeals for the Ninth Circuit · 1911
- In re KranichDistrict Court, E.D. Pennsylvania · 1910
- In re HollanderDistrict Court, D. Maryland · 1910
3Cited by11 opinions
- Nixon v. MichaelsCourt of Appeals for the Eighth Circuit · 1930
- In Re Railroad Supply Co.Court of Appeals for the Seventh Circuit · 1935
- In Re ChakosDistrict Court, W.D. Wisconsin · 1930
- NVLand, Inc. v. Vogel (In re Ocean Downs Racing Ass'n)District Court, D. Maryland · 1993
- In Re BrickellUnited States Bankruptcy Court, S.D. Florida. · 2003
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