Boonville Nat. Bank of Boonville v. Blakey
Court of Appeals for the Seventh Circuit
Appeals from tlie District Court of the United States for the District of Indiana. On February 2, 1899, an involuntary petition was filed in the court below, sitting in bankruptcy, by three creditors of -Marion Folsom, to procure his adjudication as a bankrupt.
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Appeals from tlie District Court of the United States for the District of Indiana. On February 2, 1899, an involuntary petition was filed in the court below, sitting in bankruptcy, by three creditors of -Marion Folsom, to procure his adjudication as a bankrupt. These creditors represented about $1,650 of a total indebtedness exceeding $28,000. On February 28th of that year Folsom was adjudged a bankrupt, and March 30th was appointed as tlie day for the first meeting of creditors and tlie selection of a trustee. On March 7th the petitioning creditors presented to the 'court their petition for…
1Opinion of the CourtJenkins, Circuit Judge
The motions to dismiss are without merit and must be overruled. They proceed upon the theory that from all decrees or orders affecting the- bankrupt’s estate an appeal must be taken within ten days, under section 25 of the bankrupt act. This is an erroneous view. That section, limiting the time for appeal to ten days, has application only to decrees or orders in the bankruptcy proceedings, and to the three particular cases mentioned in the section. In the case at bar the claims were by the estate against strangers to the estate, asserted in independent proceedings. The section has no…
2Cases cited3 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
3Cited by26 opinions
- Schumacher v. BeelerSupreme Court of the United States · 1934
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- Dempster v. Waters Pierce Oil Co.Court of Appeals for the Eighth Circuit · 1909
- Bither v. ColemanCourt of Appeals for the Seventh Circuit · 1907
- Brady v. Bernard & KittingerCourt of Appeals for the Sixth Circuit · 1909
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