Legal Opinion · Dissent

Olmsted-Stevenson Co. v. Miller

Court of Appeals for the Ninth Circuit

Decided March 6, 1916No. 2628Published

Petition for Revision of Proceedings of the District Court of the United States for the District of Montana; George M. Bourquin, Judge. In the matter of R. S. Miller, bankrupt. An order of the referee, requiring the bankrupt to file a supplemental schedule, was reversed by the District Court (221 Fed. 690), and the Olmsted-Stevenson Company files a petition to revise.

1DissentGilbert, Circuit Judge

Section 6 of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 548 [Comp. St. 1913, § 9590]) provides that the act shall not affect the allowance to bankrupts of the exemptions prescribed by the state laws in force at the *73time of filing the petition; and section 70a (section 9654) provides that the trustee of the bankrupt’s estate shall be vested by operation of law with the title of the bankrupt as of the date when he was adjudged a bankrupt, “except in so far as it is to property which is exempt,” to all property which prior to filing the petition “he could have by any means…

2Cases cited12 opinions

  1. Alexander v. HoltTexas Supreme Court · 1883
  2. Morgan v. RountreeSupreme Court of Iowa · 1893
  3. Moore & Rollow v. GrahamCourt of Appeals of Texas · 1902
  4. In re SullivanCourt of Appeals for the Eighth Circuit · 1906
  5. Brande v. Babcock Hardware Co.Montana Supreme Court · 1907

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