Sidney L. Bauman Diamond Co. v. Hart
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas. In the matter of bankruptcy proceedings of M. Folander. From an order overruling a motion to set aside an 'adjudication on an involuntary petition of Dick Hart and others, the Sidney L,. Bauman Diamond Company and others appeal.
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Appeal from the District Court of the United States for the Eastern District of Texas. In the matter of bankruptcy proceedings of M. Folander. From an order overruling a motion to set aside an 'adjudication on an involuntary petition of Dick Hart and others, the Sidney L,. Bauman Diamond Company and others appeal. This was an appeal from the order of the District Court, made by its referee in bankruptcy, adjudicating the bankrupt, who had absconded, by default and appointing a receiver for his property, and from an order overruling a motion to set aside the adjudication. The adjudication was…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). [1] .The appellants are creditors of the bankrupt and are entitled, as such, to have intervened and resisted the adjudication, if they’ had received ••timely notice. They complain of the order of adjudication entered ¡in their absence and by default, upon many .grounds. The question *501that presents itself to the court upon the threshold is whether the District Court or its referee acquired jurisdiction to adjudicate the ■bankrupt upon the substituted service shown by the record to have been had. Section 18 of the bankruptcy act of 1898, as amended ⅛ 1903,…
2Cases cited4 opinions
- Bracken v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- United States v. American Lumber Co.U.S. Circuit Court for the District of Northern California · 1897
- Forsyth v. PiersonU.S. Circuit Court for the District of Indiana · 1882
- T. S. Faulk & Co. v. Steiner, Lobman & FrankCourt of Appeals for the Fifth Circuit · 1908
3Cited by4 opinions
- Fred H. Stegeman and Ione E. Stegeman v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- Benitez v. AncianiCourt of Appeals for the First Circuit · 1942
- Wainwright v. Pennsylvania R.District Court, E.D. Missouri · 1918
- Benitez v. AncianiCourt of Appeals for the First Circuit · 1942