Legal Opinion
In Re Gainfort
District Court, N.D. California
Decided May 11, 1936No. 26698PublishedCited by 4 opinions
1Opinion of the Court
ROCHE, District Judge.
On motion to dismiss the second amended petition in involuntary bankruptcy, novel questions of manifest importance arise. The controversy is over the right to amend. The facts, as disclosed by .both counsel, show that the alleged bankrupt at the time of the commission of the first of two acts of bankruptcy alleged, had been sentenced to San Quentin Penitentiary, and was living in a prison road camp, working on California state highways and earning $2.50 a day.
Does the Bankruptcy Act (11 U.S.C. A.) apply to convicts? Can a convict avail himself of defenses provided in the…
2Cases cited16 opinions
- Avery v. . EverettNew York Court of Appeals · 1888
- Bowles v. . HabermannNew York Court of Appeals · 1884
- In re Estate NeracCalifornia Supreme Court · 1868
- California Highway Commission v. Industrial Accident CommissionnCalifornia Supreme Court · 1926
- Carpenter v. CuddCourt of Appeals for the Fourth Circuit · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. LawrenceCalifornia Court of Appeal · 1956
- Hall v. HallCalifornia Court of Appeal · 1950
- In Re BradfordDistrict Court, N.D. Alabama · 1967
- In re HarrimanDistrict Court, S.D. New York · 1939