Legal Opinion

In re Kalk

District Court, N.D. New York

Decided January 31, 1921PublishedCited by 5 opinions

In Bankruptcy. In the matter of the estate of Boniface J. Kalk, bankrupt. On application to set aside an order by tire referee restraining Mary A. Hughes, a judgment creditor, from issuing execution against the wages and earnings of the bankrupt.

1Opinion of the Court

COOPER, District Judge.

This is an application to set aside an order made by the referee in bankruptcy of Jefferson county, restraining Mary A. .Hughes, a judgment creditor, from issuing execution against the wages and earnings of Boniface J. Kalk, the bankrupt.

The judgment, the collection of which has been enjoined, was obtained by Mrs. Hughes as administratrix of her husband’s estate, in an action in replevin, in which she was plaintiff and the bankrupt was defendant. The bankrupt at an auction sale, had bidden in various chattels belonging to the estate of the deceased, and he offered the…

2Cases cited25 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. Crawford v. BurkeSupreme Court of the United States · 1904
  3. Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
  4. Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
  5. Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by5 opinions

  1. Bottari v. Baiata (In Re Baiata)United States Bankruptcy Court, E.D. New York · 1981
  2. In re StarkDistrict Court, S.D. New York · 1931
  3. In re SchefflerDistrict Court, W.D. New York · 1932
  4. In re PacerDistrict Court, W.D. New York · 1933
  5. In re StoneDistrict Court, N.D. New York · 1922

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