In re Mitchell
Court of Appeals for the Second Circuit
Petitions to Revise Orders of the District Court of the United States for the Southern District of New York. In the matter of Max Mitchell, alleged bankrupt.
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Petitions to Revise Orders of the District Court of the United States for the Southern District of New York. In the matter of Max Mitchell, alleged bankrupt. On separate petitions by" David Haar, on behalf of Betty Gross and on behalf of Dorothy Birenberg, to revise orders of the District Court requiring funds which the alleged bankrupt had delivered to petitioners to be delivered to the clerk of the court, or secured by bond pending the institution of a suit by the trustee in bankruptcy after his appointment. There is no difference between these appeals, except as to names and amounts. The…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The question before us is irregularly presented and almost academic.
[1] The petition to revise is in the name of, and signed andr verified by, the attorney for Gross and Birenberg. While the forms and orders prescribed by the Supreme Court do not descend into the particulars of practice on petitions to revise, it is plain that such petition must be by the party aggrieved. In re Jemison, etc., Co., 112 Fed. 966, 50 C. C. A. 641. It would be a proper application of familiar local practice to allow the verification of a petition to revise by the attorney, he…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Cameron v. United StatesSupreme Court of the United States · 1914
- In re Yorkville Coal Co.Court of Appeals for the Second Circuit · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Steelman v. All Continent Corp.Supreme Court of the United States · 1937
- Converse v. Highway Const. Co. of Ohio, Inc.Court of Appeals for the Sixth Circuit · 1939
- In Re Hudson River Nav. CorporationCourt of Appeals for the Second Circuit · 1932
- Sproul v. GamboneDistrict Court, W.D. Pennsylvania · 1940
- In re Hub Carpet Co.Court of Appeals for the Second Circuit · 1922
14 more not listed; retrieve them via the Exa API.