In re Faulkner
Court of Appeals for the Eighth Circuit
Petition to Revise Proceedings of the District' Court of the United States for the District of Kansas, in Bankruptcy. The question involved in this petition to revise is whether two certain Claims of the petitioner, Faulkner, against the estate of Charles J. Devlin, bankrupt, should have been allowed and permitted to participate in the assets of the estate of the bankrupt.
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Petition to Revise Proceedings of the District' Court of the United States for the District of Kansas, in Bankruptcy. The question involved in this petition to revise is whether two certain Claims of the petitioner, Faulkner, against the estate of Charles J. Devlin, bankrupt, should have been allowed and permitted to participate in the assets of the estate of the bankrupt. The referee and the judge of the District Court for the District of Kansas ruled adversely to the petitioner, and that is the ruling we are asked to revise. Devlin was adjudicated a bankrupt on July 7, 1905, and some…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). Section 57 of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3444]) provides that:
“Proof of claims shall consist of a statement under oath in writing signed by a creditor setting forth the claim, the consideration therefor and whether any and if so what securities are held therefor and whether any and if so what payments have been made thereon and that the sum claimed is justly owing from the bankrupt to the creditor.”
*903It matters not what the paper filed with the referee on July 5, 1905, was styled. Scrutiny of it…
2Cases cited6 opinions
- Hutchinson v. OtisSupreme Court of the United States · 1903
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- In re RoeberCourt of Appeals for the Second Circuit · 1903
- Buckingham v. EstesCourt of Appeals for the Sixth Circuit · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re LipmanCourt of Appeals for the Second Circuit · 1933
- Sun Basin Lumber Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
- In Re McCoy Management Services, Inc.United States Bankruptcy Court, W.D. Kentucky · 1984
- In Re FantDistrict Court, W.D. South Carolina · 1927
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