Lehman v. Strassberger
U.S. Circuit Court for the District of Northern Alabama
[In error to the district court of the United States for the Middle district of Alabama.] On the 18th of February, 1873, Lehman Brothers filed in the district court of the United States for the Middle district of Alabama, sitting as a court of bankruptcy, their petition in the usual form, and containing the necessary averments, praying that Albert Strassberger might be adjudged a bankrupt.
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[In error to the district court of the United States for the Middle district of Alabama.] On the 18th of February, 1873, Lehman Brothers filed in the district court of the United States for the Middle district of Alabama, sitting as a court of bankruptcy, their petition in the usual form, and containing the necessary averments, praying that Albert Strassberger might be adjudged a bankrupt. On the 5th of March, the return day of the order to show cause, Strassberger demanded .a jury trial of the issue, whether or not he had committed the acts of bankruptcy charged. On the 12th of April, after…
1Opinion of the Court
WOODS, Circuit Judge.
The first question presented for decision is, which method of bringing the case to this court for review is the proper one, by petition under the second section of the bankrupt act, or by writ of error? In Morgan v. Thornhill, 11 Wall. [78 U. S.] 75, Mr. Justice Clifford remarks: “Whether a writ of error will lie from the circuit to the district court, when the debtor opposes the petition that he may be adjudged a bankrupt, and the question whether he has committed an act of bankruptcy is tried by a jury, is not a question involved in the case before the court, suffice it…
2Cases cited1 opinion
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Pape v. WrightIndiana Supreme Court · 1889
- Third Nat. Bank v. HarrisonU.S. Circuit Court for the District of Eastern Missouri · 1882
- Dwight v. BadgleyNew York Supreme Court · 1894
- Hentz v. JewellUnited States Circuit Court · 1881
- Marshall v. ThrustonTennessee Supreme Court · 1879