Legal Opinion

In re Rochford

Court of Appeals for the Eighth Circuit

Decided July 14, 1903No. 33PublishedCited by 73 opinions

Petition for Review of Decision of the District Court of the United States for the District of South Dakota, in Bankruptcy.

1Opinion of the Court

SANBORN, Circuit Judge.

This is a petition for a review of a decision of the District Court of South Dakota sitting in bankruptcy which confirmed the order of a referee that disallowed the claim of a mortgagee to a lien upon property in the custody of the trustee in bankruptcy. It presents this single question: Has a referee in bankruptcy jurisdiction to draw to himself by summary process or notice and to determine the question of the validity of the claim of a third party to a lien upon or an interest in property or the proceeds of property lawfully in the possession of the trustee in…

2Cases cited5 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Bryan v. BernheimerSupreme Court of the United States · 1901
  3. Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
  4. Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
  5. East Tennessee, Virginia & Georgia Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1901

3Cited by73 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Ex Parte BaldwinSupreme Court of the United States · 1934
  3. Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
  4. Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
  5. Page v. Arkansas Natural Gas CorporationCourt of Appeals for the Eighth Circuit · 1931

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