Legal Opinion

Rittenhouse's Insolvent Estate

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 47PublishedCited by 3 opinions

Appeal, No. 47, Jan. T., 1906, by M. H. Rittenhouse et al., from order of C. P. Columbia Co., Sept. T., 1904, No. 5, directing sheriff; to pay over proceeds of sale In re Insolvent Estate of H. F. Rittenhouse. Demurrer to petition for order on sheriff.

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Appeal, No. 47, Jan. T., 1906, by M. H. Rittenhouse et al., from order of C. P. Columbia Co., Sept. T., 1904, No. 5, directing sheriff; to pay over proceeds of sale In re Insolvent Estate of H. F. Rittenhouse. Demurrer to petition for order on sheriff. The petition was as follows: The petition of Frank Ikeler, receiver of the estate of H. F. Rittenhouse, an insolvent, respectfully represents : That prior to the appointment of your petitioner as receiver of the estate of the above mentioned insolvent, the said H. F. Rittenhouse confessed two certain judgments to H. Burket and M. H.…

1Opinion of the Court

Opinion by

Henderson, J.,

' We held in Citizens’ National Bank v. Gass, 29 Pa. Superior Ct. 125, that the Act of June 4, 1901, P. L. 404, was not suspended by the federal bankrupt act as to wage-earners and persons engaged chiefly in farming or the tillage of the soil, because of the exception in the 4th section of chapter 3 of the act of congress of July 1, 1898, in favor of persons in the classes named. If a person of one of the excepted classes invoke the action of the national bankrupt law the jurisdiction of the United States is exclusive ; but unless such action is instituted the act of…

2Cases cited3 opinions

  1. Citizens' National Bank v. GassSuperior Court of Pennsylvania · 1905
  2. Charles v. SmithSuperior Court of Pennsylvania · 1905
  3. Musser v. BrindleSuperior Court of Pennsylvania · 1903

3Cited by3 opinions

  1. First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
  2. Miller's PetitionSuperior Court of Pennsylvania · 1935
  3. Johnson v. CrawfordU.S. Circuit Court for the District of Middle Pennsylvania · 1907

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