In re Weber Furniture Co.
U.S. Circuit Court for the District of Eastern Michigan
This was a petition in review to reverse the judgment of the district court refusing to record a resolution of compromise. [See Case No. 17.330.] The record is voluminous, and in order to develop all the points discussed on the argument, the facts would be extensive. There was a wide discrepancy between the compromise offered, and the apparent value of the property.
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This was a petition in review to reverse the judgment of the district court refusing to record a resolution of compromise. [See Case No. 17.330.] The record is voluminous, and in order to develop all the points discussed on the argument, the facts would be extensive. There was a wide discrepancy between the compromise offered, and the apparent value of the property. As the sole point decided is that it was error in the district court to reject the resolution without notice and hearing to the parties, the particular daies and facts presented in the record became immaterial, except as they are…
1Opinion of the Court
EMMONS, Circuit Judge.
Several questions have been argued at the bar which will not be noticed in this .judgment. The only one decided is whether the district court erred in refusing to record the resolution of compromise without notice and hearing of the parties concerned, thus bringing before it all the facts upon which the creditors themselves acted before passing judgment upon the papers presented. That power existed to review the resolution upon its merits, is not questioned. The statute in plain terms authorizes either the rejection of the resolution, when it is presented for record, •or…
2Cases cited25 opinions
- Porter v. RoseNew York Supreme Court · 1815
- Bailey v. ClarkSupreme Court of Florida · 1855
- Sharp v. JohnsonSupreme Court of Arkansas · 1860
- Edmiston v. GarrisonWisconsin Supreme Court · 1864
- McKinney v. PierceIndiana Supreme Court · 1854
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3Cited by1 opinion
- Adler v. JonesCourt of Appeals for the Sixth Circuit · 1901