In re Lilienthal
Court of Appeals for the Ninth Circuit
Appeal from, and Petition for Revision of Proceedings in, District Court of the United States for the Southern Division of the Northern District of California; Maurice T. Dooling, Judge. In the matter of E. R. Lilienthal, bankrupt. From an order of the District Court, denying a motion of Nat Boas to vacate an order staying further proceedings in certain suits in attachment which had been instituted by him in the state court in California, he appeals and petitions to revise.
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Appeal from, and Petition for Revision of Proceedings in, District Court of the United States for the Southern Division of the Northern District of California; Maurice T. Dooling, Judge. In the matter of E. R. Lilienthal, bankrupt. From an order of the District Court, denying a motion of Nat Boas to vacate an order staying further proceedings in certain suits in attachment which had been instituted by him in the state court in California, he appeals and petitions to revise. Appellant petitioner asks reversal of an order of the District Court denying a motion to vacate an order staying further…
1Opinion of the CourtHu-Nt, Circuit Judge
(after stating the facts as above). Appellant contends that, having placed the attachments within four months of the commencement of bankruptcy proceedings, and m> trial upon the issue of bankruptcy having been had, and no adjudication in bankruptcy having been made, the liens of attachment remain valid, and that therefore he is entitled to proceed in the state court to the enforcement thereof; while appellee takes the position that, under the Bankruptcy Act and the amendment, the court having confirmed an offer of composition by the bankrupt debtor, the liens of attachment were discharged.
A…
2Cases cited8 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- Harrison v. SterrySupreme Court of the United States · 1809
- Virginia Iron, Coal & Coke Co. v. OlcottCourt of Appeals for the Fourth Circuit · 1912
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3Cited by4 opinions
- Oilfields Syndicate v. American Improvement Co.Court of Appeals for the Ninth Circuit · 1919
- J. T. Sinclair Co. v. I. T. Becker Coal Co.Michigan Supreme Court · 1933
- Casavant v. BorekaMassachusetts Supreme Judicial Court · 1937
- International Shoe Co. v. RubinsCourt of Appeals for the Seventh Circuit · 1934