Legal Opinion

In re Purvine

Court of Appeals for the Fifth Circuit

Decided June 28, 1899No. 850PublishedCited by 25 opinions

Petition for Review of an Order of the District Court of the United States for the Northern District of Texas, in Bankruptcy. The creditors of A. S. Purvine, on November .23, 1898, filed a petition against him in the United States district court for the Northern district of Texas, praying that he be declared a bankrupt. It was alleged that he was insolvent, and that he had sold his property, and was concealing the proceeds to defraud his creditors.

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Petition for Review of an Order of the District Court of the United States for the Northern District of Texas, in Bankruptcy. The creditors of A. S. Purvine, on November .23, 1898, filed a petition against him in the United States district court for the Northern district of Texas, praying that he be declared a bankrupt. It was alleged that he was insolvent, and that he had sold his property, and was concealing the proceeds to defraud his creditors. The schedule filed by Purvine showed an indebtedness of $4,600, and no assets but a homestead. Purvine was duly adjudged a bankrupt, and O. B.…

1Opinion of the CourtNewman, District Judge

(after stating the facts as above). The question in the case before us is, had the district court power to pass the order excepted to, and brought before the court of appeals in vacation, in chambers, for revision?

This court only revises the action of the district court in matters of law. Bankruptcy Act 1898, §§ 24, 24b.

*194The -facts are for the district court. The judge presiding in that court found that Purvine had the money in his possession and control,, and there was ample evidence to support such finding; so the sole question here is one of the power of the district court to order a…

2Cases cited2 opinions

  1. In re SalkeyDistrict Court, N.D. Illinois · 1875
  2. In re DresserDistrict Court, D. Maine · 1870

3Cited by25 opinions

  1. In re RichardsCourt of Appeals for the Seventh Circuit · 1899
  2. In re RosserCourt of Appeals for the Eighth Circuit · 1900
  3. Samel v. DoddCourt of Appeals for the Fifth Circuit · 1906
  4. Kirsner v. TaliaferroCourt of Appeals for the Fourth Circuit · 1912
  5. United States ex rel. Paleais v. MooreCourt of Appeals for the Second Circuit · 1923

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