In re Muhlhauser
Court of Appeals for the Sixth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Ohio, in Bankruptcy.
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Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Ohio, in Bankruptcy. The F. Muhlhauser Company, an Ohio corporation engaged in the manufacture of shoddy and other wool products at Cleveland, on February 4, 1902, filed an assignment for the benefit of its creditors in the insolvency court for the county of Cuyahoga, and immediately thereafter some of its creditors presented to the District Court for the Northern District of Ohio their petition praying that the said corporation be adjudicated a bankrupt. On the 6th of that month, the…
1Opinion of the CourtSeverens, Circuit Judge
We think the position taken by the learned counsel for the petitioners is quite correct to the extent that it is claimed that, if the proposed petition presents a matter properly cognizable by the bankruptcy court, ■ the orderly course would have been to allow it to be filed, leaving the final adjudication upon its merits to be settled upon full inquiry; with this reservation, however, that, if the case as made by the petition is manifestly frivolous or wanting all color of claim for the relief sought, the court might properly decline to entertain an idle controversy, such as the case…
2Cited by9 opinions
- Foster v. ChristensenTexas Commission of Appeals · 1934
- In re North Star Ice & Coal Co.District Court, E.D. Tennessee · 1918
- Smith v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Eighth Circuit · 1936
- First Trust Co. v. BaylorCourt of Appeals for the Eighth Circuit · 1924
- In Re Wesley CorporationDistrict Court, E.D. Kentucky · 1937
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