Legal Opinion · Dissent

Hills v. Joseph

Court of Appeals for the Ninth Circuit

Decided February 7, 1916No. 2613Published

Petition to Revise Order of the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. In the matter of Max Joseph, doing business as the Workmen’s Clothing Store, bankrupt. On petition by S. T. Hills, trustee, to revise an order setting aside certain exempt property to the bankrupt.

1DissentGilbert, Circuit Judge

The petitioner relies upon Creditors’ Collection Ass’n v. Bisbee, 80 Wash. 358, 141 Pac. 886, In re Gerber, 186 Fed. 693, 108 C. C. A. 511, In re Scheier et al. (D. C.) 188 Fed. 745, and Carter v. Davis, 6 Wash. 327, 33 Pac. 833. The majority of the court are of the opinion that the precise question here involved was not adjudged in any of those decisions; that the decision of the Supreme Court of the state in the Bisbee Case went no further than to hold that money could not be claimed exempt as “other property,” in lieu of the particular property named in subdivision 4; and that the language…

2Cases cited7 opinions

  1. Brooks v. CookMichigan Supreme Court · 1880
  2. Freedman Bros. v. ParkerCourt of Appeals for the Ninth Circuit · 1911
  3. Alabama v. MontagueSupreme Court of the United States · 1886
  4. Creditors Collection Ass'n v. BisbeeWashington Supreme Court · 1914
  5. Carter v. DavisWashington Supreme Court · 1893

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