Ohio Motor Car Co. v. Eiseman Magneto Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. _ _ Petition in bankruptcy by the Eiseman Magneto Company and others against the Ohio Motor Car Company. From a decree adjudging, the defendant bankrupt, it appeals.
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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. _ _ Petition in bankruptcy by the Eiseman Magneto Company and others against the Ohio Motor Car Company. From a decree adjudging, the defendant bankrupt, it appeals. A receivership suit in a state court, and shortly afterwards a bankruptcy suit in the court below, were commenced against appellant; and, broadly stated, the controlling- question arising on this appeal is whether creditors,, who without objection to the proceedings participate in the…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] It is to be observed that the receivership proceeding was begun in the state court September 25, 1912, and practically concluded April 21, 1913, and that the bankruptcy proceeding was commenced in the court below October 28, 1912; but, aside from the filing of the answer and allowance of a single intervention, nothing was done in the case until May 14, 1913. At that time an order was made, reciting that the petitioners and intervener had withdrawn their application in bankruptcy and that respondent was demanding dismissal, directing that' notice of…
2Cases cited21 opinions
- In Re Watts and SachsSupreme Court of the United States · 1903
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Struthers Furnace Co. v. GrantCourt of Appeals for the Sixth Circuit · 1929
- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- Fisher v. Bank Leumi Trust Co. of New York (In Re MacFarlane Webster Associates)United States Bankruptcy Court, S.D. New York · 1990
- Titlow v. MacPhailCourt of Appeals for the Ninth Circuit · 1917
9 more not listed; retrieve them via the Exa API.