In re Emslie
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Bankruptcy.
1Opinion of the Court
WALLACE, Circuit Judge.
This is an appeal from an order, granted upon the application of a trustee in bankruptcy, staying an action brought in a state court by a subcontractor to foreclose a lien, claimed under the New York mechanic’s lien law, for the labor and materials furnished in building a house. The notice of lien was filed by the subcontractor April 28, 1899. August 15, 1899, upon a petition in involuntary bankruptcy filed by creditors, the contractors who erected the house for the owner of the real estate were adjudicated bankrupts. The action to foreclose the lien was commenced…
2Cases cited4 opinions
- In re RussellCourt of Appeals for the Second Circuit · 1900
- In re Kerby-Dennis Co.Court of Appeals for the Seventh Circuit · 1899
- Foster v. SchneiderNew York Supreme Court · 1888
- Brandt v. VerdonNew York Court of Common Pleas · 1892
3Cited by25 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- In re CramondDistrict Court, N.D. New York · 1906
- Holland v. CunliffMissouri Court of Appeals · 1902
- In re GrisslerCourt of Appeals for the Second Circuit · 1905
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