In re Bailey
District Court, D. Oregon
In Bankruptcy. Proceeding to punish for contempt for disobedience of referee’s order to surrender property or money. In May, 1900, William Kerron obtained a Judgment against J. W. Bailey, the bankrupt in this proceeding, for the sum of $337, and attorney’s fees and costs.
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In Bankruptcy. Proceeding to punish for contempt for disobedience of referee’s order to surrender property or money. In May, 1900, William Kerron obtained a Judgment against J. W. Bailey, the bankrupt in this proceeding, for the sum of $337, and attorney’s fees and costs. Thereafter execution was issued and levied on certain property of the bankrupt, which was, on August 1, 1903, sold by the sheriff; Kerron becoming the purchaser at $465.50. By petition of certain creditors, filed August 21, 1903, and the, admission of Bailey, filed on the 29th, he was, on the latter date, duly adjudged a…
1Opinion of the CourtWOIvVERTON, District Judge
(after stating the facts). Based upon the record, the question arises whether Kerron should be required to turn over the propertjq or the money that he bid for it, or, in default thereof, should be adjudged to be in contempt. That there maj be no confusion, it should be premised that in any event the *215trustee could only be entitled to the property or the money, the proceeds thereof, and not to both. The demand is for both, and the petition seems to comprise both. But that would constitute a double relief for the same cause, and would work a palpable injustice. However, as I understand counsel,…
2Cases cited7 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- In re KenneyCourt of Appeals for the Second Circuit · 1900
- In re KenneyDistrict Court, S.D. New York · 1899
- In re KenneyDistrict Court, S.D. New York · 1899
- In re Francis-Valentine Co.District Court, N.D. California · 1899
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3Cited by14 opinions
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- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
- Von Segerlund v. DysartCourt of Appeals for the Ninth Circuit · 1943
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