Legal Opinion
Van Norden v. A. C. Wagy & Co.
Court of Appeals for the Ninth Circuit
Decided October 31, 1927No. Nos. 5250, 5251PublishedCited by 9 opinions
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The pendency of the involuntary petition did not deprive the court below of jurisdiction to receive and consider the voluntary petition, and the fact that adjudication was made under the latter did not preclude jurisdiction to protect the creditors under the former. International Silver Co. v. New York Jewelry Co. (C. C. A.) 233 F. 945. It is held that, unless some question of the preservation of the rights under the earlier involuntary petition arises, there should be an adjudication under the subsequent voluntary petition, In re Lachenmaier (C. C. A.) 203…
2Cases cited8 opinions
- In re IvesCourt of Appeals for the Sixth Circuit · 1902
- In re Ann Arbor Mach. Corp.Court of Appeals for the Sixth Circuit · 1921
- In re United Grocery Co.District Court, S.D. Florida · 1917
- International Silver Co. v. New York Jewelry Co.Court of Appeals for the Sixth Circuit · 1916
- Germania Nat. Bank of Milwaukee v. LachenmaierCourt of Appeals for the Seventh Circuit · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
- In Re TauscherUnited States Bankruptcy Court, E.D. Wisconsin · 1982
- In Re Fox West Coast TheatresCourt of Appeals for the Ninth Circuit · 1937
- Broadway & Twentieth Properties, Inc. v. Paramount Publix Corp.Court of Appeals for the Second Circuit · 1933
- In re Rodgers-Meyers Furniture Co.District Court, N.D. Texas · 1931
4 more not listed; retrieve them via the Exa API.