Mattoon Nat. Bank of Mattoon v. First Nat. Bank of Mattoon
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Southern District of Illinois. On the 23d day of October, 1899, the appellees filed in the district court of ■the United States for the Southern district of Illinois their petition to have Jerome L. Taylor declared an involuntary bankrupt. On the same day there was issued out of the clerk’s office an order, directed to Taylor, to show cause why the prayer of said petition should not be granted.
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Appeal from the District Court of the United States for the Southern District of Illinois. On the 23d day of October, 1899, the appellees filed in the district court of ■the United States for the Southern district of Illinois their petition to have Jerome L. Taylor declared an involuntary bankrupt. On the same day there was issued out of the clerk’s office an order, directed to Taylor, to show cause why the prayer of said petition should not be granted. There was also issued at the time a subpoena, made returnable on the 31st day of October, 1899. On the 24th day of October the subpoena was…
1Opinion of the CourtBunn, District Judge
There are two reasons why we think it was error to adjudge Taylor to be a bankrupt in an involuntary proceeding against him, upon the pleadings, without further issue being joined and proofs taken: One is that the answer avers that Taylor was not insolvent, as is required by the bankrupt law, and the other that the court overruled the special demurrer to the petition, and because the fact was after-wards set up in the answer that he was a person engaged chiefly in farming and in the tillage of the soil, which allegations in the answer, if no exception to them liad been sustained, on a…
2Cases cited4 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- West Co. v. LeaSupreme Court of the United States · 1899
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
3Cited by18 opinions
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
- In re BellahDistrict Court, D. Delaware · 1902
- Kaufman-Brown Potato Co. v. LongCourt of Appeals for the Ninth Circuit · 1950
- Green River Deposit Bank v. CraigDistrict Court, W.D. Kentucky · 1901
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