Legal Opinion

In re Benjamin

District Court, M.D. Pennsylvania

Decided September 7, 1905No. 588PublishedCited by 5 opinions

In Bankruptcy. On certificate from J. W. Codding, referee.

1Opinion of the Court

ARCHBALD, District Judge.

The right of a referee to award an injunction cannot be regarded as finally settled; for, while it is sustained by some of the leading works on Bankruptcy (Collier [5th Ed.] p. 132; Brandenburg [3d Ed.] § 683), it is denied by rule in certain jurisdictions (In re Siehert, 13 Am. Bankr. Rep. 348, 133 Fed. 781), and limited in others (Collier, p. 132, note 52), and is materially restricted, if not taken away, by the general orders promulgated by the Supreme Court. Gen. Order 12. It is not questioned, however, here, and I only refer to it, so that in confirming the…

2Cases cited5 opinions

  1. Robbins v. FarwellSupreme Court of Pennsylvania · 1899
  2. Githens v. ShifflerDistrict Court, M.D. Pennsylvania · 1902
  3. In re SteuerDistrict Court, D. Massachusetts · 1900
  4. In re DuffyDistrict Court, M.D. Pennsylvania · 1902
  5. In re SiebertDistrict Court, D. New Jersey · 1904

3Cited by5 opinions

  1. McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931
  2. In re Roger Brown & Co.Court of Appeals for the Eighth Circuit · 1912
  3. Potter v. American Printing & Lithographing Co.Supreme Court of Iowa · 1918
  4. In re AronsonDistrict Court, D. Massachusetts · 1934
  5. McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931

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