Legal Opinion

Bird v. City of Richmond

Court of Appeals for the Fourth Circuit

Decided March 14, 1917No. 1461PublishedCited by 10 opinions

On Petition to Superintend and Revise, in Matter of Law, Proceedings of the District Court of the United States for the Eastern District of Virginia, at Richmond, in Bankruptcy; Edmund Waddill, Jr., Judge. In the matter of the Ainslie Carriage Company, bankrupt.

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On Petition to Superintend and Revise, in Matter of Law, Proceedings of the District Court of the United States for the Eastern District of Virginia, at Richmond, in Bankruptcy; Edmund Waddill, Jr., Judge. In the matter of the Ainslie Carriage Company, bankrupt. Petition by Elizabeth W. Bird and others against the City of Richmond to superintend and revise in matter of law proceedings of the District Court whereby the city was given a preference for the payment of its taxes over the claim of petitioners for a landlord’s lien.

1Opinion of the Court

PRITCHARD, Circuit Judge.

This is a controversy between the landlord's of the. bankrupt, Ainslie Carriage Company, claiming a lien upon the bankrupt’s assets by virtue of a .distress warrant for rent, levied on November 1, 1909, and the city of Richmond, claiming priority over the landlords by virtue of certain bills for delinquent personal taxes assessed against the bankrupt for the years 1907, 1908, and 1909, and for current taxes for the year 1910, being the year in which the adjudication in bankruptcy was made.

It is conceded that the landlords levied a distress warrant on the 1st day of…

2Cases cited25 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
  3. In re West Side Paper Co.Court of Appeals for the Third Circuit · 1908
  4. Bailey v. MagwireSupreme Court of the United States · 1875
  5. Mills v. Virginia-Carolina Lumber Co.Court of Appeals for the Fourth Circuit · 1908

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3Cited by10 opinions

  1. In Re C. J. Rowe & Bros.District Court, W.D. Pennsylvania · 1927
  2. American Exchange Bank v. Goodlee Realty Corp.Supreme Court of Virginia · 1923
  3. City of Tampa v. Commercial Building Co.Court of Appeals for the Fifth Circuit · 1932
  4. State Ex Rel. Hibbs v. McGeeSupreme Court of Missouri · 1931
  5. Bradford v. GrahamCourt of Appeals for the Fourth Circuit · 1923

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