Larkin-Green Logging Co. v. Sabin
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Suit by R. L. Sabin, as trustee in bankruptcy of the estate of the Consumers’ Lumber & Supply Company, a corporation, to restrain the prosecution of attachment proceedings brought against the bankrupt by the Larkin-Green Logging Company, a corporation. Decree for the complainant (218 Fed. 984), and defendant appeals.
1Opinion of the Court
ROSS, Circuit Judge.
The real, and indeed only, question in this case is whether the involuntary bankruptcy proceedings of the estate of which the appellee is trustee are absolutely void. If so, the judgment must be reversed; ptherwise, affirmed — the attack upon them being collateral, and not direct.
The bill is one in equity to restrain the appellant from prosecuting an action it had commenced prior to the commencement of .the bankruptcy proceedings against the alleged bankrupt, and from proceeding under a writ of attachment procured in that action, and to establish the alleged right of the…
2Cases cited5 opinions
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Citizens Banking Co. v. Ravenna National BankSupreme Court of the United States · 1914
- In re Columbia Real-Estate Co.District Court, D. Indiana · 1900
- In re Marion Contract & Construction Co.District Court, W.D. Kentucky · 1909
3Cited by7 opinions
- Kaufman-Brown Potato Co. v. LongCourt of Appeals for the Ninth Circuit · 1950
- In Re Hudson & Manhattan Railroad CompanyDistrict Court, S.D. New York · 1955
- Northwestern Pulp & Paper Co. v. Finish Luth Book ConcernCourt of Appeals for the Ninth Circuit · 1931
- In re Ostlind Mfg. Co.District Court, D. Oregon · 1937
- Cajiafas v. United StatesCourt of Appeals for the Sixth Circuit · 1930
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