Legal Opinion

In re Johnson

District Court, D. Nevada

Decided January 23, 1904No. 28PublishedCited by 3 opinions

In Bankruptcy. On petition of Richard Kirman for leave to bring suit in the state court to foreclose a chattel mortgage, and to make the bankrupt’s trustee a party defendant in such suit.

Read the full summary

In Bankruptcy. On petition of Richard Kirman for leave to bring suit in the state court to foreclose a chattel mortgage, and to make the bankrupt’s trustee a party defendant in such suit. The petition of Richard Kirman shows that on December 5, 1903, said J. M. Johnson was duly adjudged a voluntary bankrupt in this court, and that thereafter, on December 22, 1903, George A. Tyrrell was elected a trustee of said bankrupt by the creditors holding unsecured claims, and is now in charge of, and has possession of, all of the property of said bankrupt; that on May 29, 1903, said J. M. Johnson made,…

1Opinion of the CourtHawley, District Judge

(orally). Without any discussion as to the proper course of the procedure taken”in this case, or in any manner questioning the right of the referee primarily to dispose of all the questions arising in this case as to the allowance of the claims presented against the bankrupt, and without attempting independently to discuss the various sections of the bankrupt act (Act July i, 1898, c. 541, §§ 2, 23a, 23b, 57a, 57b, 57e, 57b., 60b, 67c, 30 Stat. 545, 552, 560, 562, 564 [U. S. Comp. St. 1901, pp. 3420, 3431, 3443, 3445, 3449]), presented by counsel, or reviewing at any length the authorities…

2Cases cited11 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Pickens v. RoySupreme Court of the United States · 1902
  3. Atkins v. WilcoxCourt of Appeals for the Fifth Circuit · 1900
  4. In re San Gabriel Sanatorium Co.District Court, S.D. California · 1899
  5. Hicks v. KnostDistrict Court, S.D. Ohio · 1899

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ex Parte BaldwinSupreme Court of the United States · 1934
  2. In re ZehnerDistrict Court, E.D. Louisiana · 1912
  3. In Re Prairie Ave. Bldg. CorporationDistrict Court, E.D. Illinois · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API