Legal Opinion

White v. Thompson

Court of Appeals for the Fifth Circuit

Decided January 20, 1903No. 1,165PublishedCited by 4 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Alabama, in Bankruptcy.

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Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Alabama, in Bankruptcy. On July 3, 1901, the petitioner, Henry K. White, was duly adjudged a bankrupt, and on the same day he filed before the referee a petition reciting as follows: “That one J. L. Thompson, who is scheduled as a creditor of your petitioner and whose debt is provable under the bankrupt act against his estate, did, on the 21st day of June, 1901, cause a writ of execution to issue out of the court of probate, Jefferson county, and did cause the same to be placed in the…

1Per curiam

The injunction issued by the referee restraining proceedings in the probate court of Jefferson county in the disposition of property therein duly levied upon prior to the adjudication in bankruptcy was unwarranted. For the last authoritatively adjudicated case on the subject, see Metcalf Bros. & Co. v. Barker (decided in Sup. Ct. U. S., Dec. 1, 1902) 23 Sup. Ct. 67, 47 L. Ed.-. However, as the property under execution and levy in the probate court of Jefferson county was released and brought into the bankruptcy, it would seem that therefrom, except as against the bankrupt’s creditors whose…

2Cited by4 opinions

  1. Straton v. NewSupreme Court of the United States · 1931
  2. In re HornsteinDistrict Court, N.D. New York · 1903
  3. In re BrinnDistrict Court, N.D. Georgia · 1919
  4. Sample v. BeasleyCourt of Appeals for the Fifth Circuit · 1908

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