Dickas v. Barnes
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Southern District of Ohio. On January 1, 1904, the German-American Bank was adjudged bankrupt upon a petition of its creditors alleging that it was a partnership and had committed an act of bankruptcy by making a general assignment for the benefit of its creditors.
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Appeals from the District Court of the United States for the Southern District of Ohio. On January 1, 1904, the German-American Bank was adjudged bankrupt upon a petition of its creditors alleging that it was a partnership and had committed an act of bankruptcy by making a general assignment for the benefit of its creditors. The petition also alleged that the several partners composing the said partnership had participated in the making of said as.sigmnent, and that some of them had made like assignments of their individual property for the payment of their individual debts. Of these some'…
1Opinion of the CourtSeverens, Circuit Judge
As these appeals all rest upon substantially the same grounds, they were heard together and may be properly disposed of in one opinion. The motion to dismiss the appeals is-founded on the character of the order, and that involves in one aspect the jurisdiction of the court in bankruptcy.
For the appellants it is contended that the court, having refused to declare them bankrupts, had no authority to treat them and their property as if they were bankrupts. Although there are several assignments of error on each appeal, they all rest on this contention. The argument is that, not being bankrupts,…
2Cases cited5 opinions
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Elliott v. ToeppnerSupreme Court of the United States · 1902
- Holden v. StrattonSupreme Court of the United States · 1903
- Denver First National Bank v. KlugSupreme Court of the United States · 1902
- In re MuellerCourt of Appeals for the Sixth Circuit · 1905
3Cited by27 opinions
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- In re McMahonCourt of Appeals for the Sixth Circuit · 1906
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- W. J. Davidson & Co. v. FriedmanCourt of Appeals for the Sixth Circuit · 1906
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