In re Double Star Brick Co.
District Court, N.D. California
In Bankruptcy. In the matter of bankruptcy proceedings of the Double Star Brick Company. Application of Thomas B. Fernandez to set aside adjudication. • An application is made by creditors for the vacation of an order adjudicating the Double Star Brick Company a bankrupt.
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In Bankruptcy. In the matter of bankruptcy proceedings of the Double Star Brick Company. Application of Thomas B. Fernandez to set aside adjudication. • An application is made by creditors for the vacation of an order adjudicating the Double Star Brick Company a bankrupt. The order was entered January 23, 19.12, in an involuntary proceeding, after written admission of insolvency, signed in the name of the brick company by three of its directors, one of whom was also its president, and another its treasurer, had been filed. The salient facts may be briefly stated as follows: The brick company…
1Opinion of the CourtDietrich, District Judge
(after stating the facts as above). In view of the fact that the applicant has presented his claim and has thus submitted the same to the jurisdiction of this court, and the further fact of his long acquiescence, it is a grave question whether his application does not come too late, and he is not estopped to raise the objection upon which he relies. In re Ives (D. C.) 111 Fed. 497; also 113 Fed. 911, 51 C. C. A. 541; In re Billings (D. C.) 145 Fed. 400. At least the application should not be granted unless it is clear that there is a want of jurisdiction of the subject-matter, and I am not…
2Cases cited7 opinions
- In re IvesCourt of Appeals for the Sixth Circuit · 1902
- Kaiser Land and Fruit Co. v. CurryCalifornia Supreme Court · 1909
- Alaska Salmon Co. v. Standard Box Co.California Supreme Court · 1910
- Lewis v. CurryCalifornia Supreme Court · 1909
- In re BillingDistrict Court, M.D. Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hammond v. Lyon Realty Co.Court of Appeals for the Fourth Circuit · 1932
- In Re 211 East Delaware Place Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1935
- In Re Booth's Drug Store, Inc.District Court, W.D. Virginia · 1937
- Oliver v. BrennanDistrict Court, N.D. California · 1923
- Hibernia Securities Co. v. MoreyCalifornia Court of Appeal · 1937
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