Legal Opinion

In re Pierce

District Court, D. Washington

Decided July 11, 1900PublishedCited by 6 opinions

In Bankruptcy. The following is the certificate of R. D. McCully, referee in bankruptcy: “I, R. D. McCully, one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings; The bankrupt files his petition in bankruptcy, both individually and as surviving partner of the late firm of D. W. Pierce & Son.

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In Bankruptcy. The following is the certificate of R. D. McCully, referee in bankruptcy: “I, R. D. McCully, one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings; The bankrupt files his petition in bankruptcy, both individually and as surviving partner of the late firm of D. W. Pierce & Son. By his schedules he sets forth: (1) The indebtedness of the partnership estate (Schedule A, 1, 2, 3); (2) property of partnership estate (Schedule B, 1, 2, 3); (3)…

1Opinion of the Court

HANFORD, District Judge.

Upon consideration of the certifícale of K. D. McCully, referee, submitting the question: “Has the bankruptcy court any jurisdiction over the partnership estate? If so, to what extent?” — it is considered by the court that this court has complete jurisdiction of this case, and jurisdiction over the partnership estate of the late firm of D. W. Pierce & Son, provided possession of the assets can be obtained by the referee without forcibly interfering with property in the legal custody of an administrator. If the administrator will voluntarily surrender possession of the…

2Cited by6 opinions

  1. In re WellsDistrict Court, S.D. Ohio · 1924
  2. In re StringerCourt of Appeals for the Second Circuit · 1918
  3. Emanuel M. Virshup, Trustee in Bankruptcy of Teddy Kaye, Bankrupt v. Industrial Bank of CommerceCourt of Appeals for the Second Circuit · 1959
  4. In re SalladayDistrict Court, E.D. Illinois · 1927
  5. In re Von RudenDistrict Court, D. Minnesota · 1927

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