Bernheimer v. Bryan
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Middle District of Alabama. On December 12, 1898, the following petition was presented to the district court of the United States for the Middle district of Alabama, in bankruptcy: ¡ “Tour petitioners, the undersigned creditors of D. Abraham, the bankrupt in this cause, respectfully show unto your honor that heretofore, to wit, on the 12th day of December, 1898 (same day), upon a petition heretofore filed by them in…
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Appeal from the District Court of the United States for the Middle District of Alabama. On December 12, 1898, the following petition was presented to the district court of the United States for the Middle district of Alabama, in bankruptcy: ¡ “Tour petitioners, the undersigned creditors of D. Abraham, the bankrupt in this cause, respectfully show unto your honor that heretofore, to wit, on the 12th day of December, 1898 (same day), upon a petition heretofore filed by them in this cause, the said D. Abraham was fay this court adjudicated a bankrupt, within the true intent and meaning of the…
1Opinion of the CourtMcCORMICK, Circuit Judge
The assignment of errors is to the effect that the court erred in its rulings on the demurrers, and presents this question: Did the district court, as a court of bankruptcy, have jurisdiction to try the title to the goods involved in this controversy by summary proceedings, seizing the goods, and requiring Louis Bernheimer, the purchaser at the assignee’s sale, by a rule entered against him to appear before that court within 10 days, and propound any claim he had to the goods, or any part thereof, or, failing theiein, that he be decreed to have no claim or right thereto? The appellee moves to…
2Cases cited4 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Lathrop v. DrakeSupreme Court of the United States · 1876
- Smith v. MasonSupreme Court of the United States · 1871
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
3Cited by36 opinions
- Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Chesapeake Shoe Co. v. SeldnerCourt of Appeals for the Fourth Circuit · 1903
- In Re RossUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
- Courier-Journal Job-Printing Co. v. Schaefer-Meyer Brewing Co.Court of Appeals for the Sixth Circuit · 1900
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