Legal Opinion

Carstens v. McLean

Court of Appeals for the Ninth Circuit

Decided October 29, 1923No. 4059PublishedCited by 23 opinions

Appeal from the District Court of the United States for the Northern 'Division of the Western District of Washington; Jeremiah Neterer, Judge. In the matter of the Patterson-MacDonald Shipbuilding Company, bankrupt; John U. McLean, trustee. From an order denying permission to amend claim, Thomas Carstens and wife appeal.

1Opinion of the Court

BOURQUIN, District Judge.

[1] Contrary to appellee’s suggestion, this appeal, and not petition to revise, is the proper method to secure relief from an order that to all intents and purposes is rejection of a claim against an estate in bankruptcy. In re Lane Lumber Co., 217 Fed. 546, 133 C. C. A. 398.

[2] The corporation was adjudicated a bankrupt on March 20, 1920. It was then in possession of premises by virtue of a lease containing the usual re-entry clause, and obligating it, amongst other things, to pay annual taxes imposed upon the premises, and it was then in default in respect to the…

2Cases cited2 opinions

  1. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
  2. Hirlinger v. BoydCourt of Appeals for the Ninth Circuit · 1914

3Cited by23 opinions

  1. In Re Anderson-Walker Industries, Inc., Debtor. Anderson-Walker Industries, Inc. And John P. Stodd, Trustee v. Lafayette Metals, Inc.Court of Appeals for the Ninth Circuit · 1986
  2. In Re Franciscan Vineyards, Inc., Bankrupt. County of Napa v. Franciscan Vineyards, Inc., Appeal of William B. Grover, TrusteeCourt of Appeals for the Ninth Circuit · 1979
  3. Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
  4. Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Perry v. Certificate Holders of Thrift SavingsCourt of Appeals for the Ninth Circuit · 1963

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