Finn V. Carolina Portland Cement Co.
Court of Appeals for the Fifth Circuit
Petitions for Revision of Proceedings of the District Court of the United States for the Southern District of Florida, in Bankruptcy; Rhydon M. Call, Judge. In the matter of H. R. Finn, bankrupt.
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Petitions for Revision of Proceedings of the District Court of the United States for the Southern District of Florida, in Bankruptcy; Rhydon M. Call, Judge. In the matter of H. R. Finn, bankrupt. Separate petitions by H. R. Finn, Richard R. Silsbe, and William F. Clarke to revise the orders of the District Court overruling objections by the petitioners to the jurisdiction of the court over petitions in involuntary bankruptcy by the Carolina Portland Cement Company and others. The three petitions to revise raise the same question of jurisdiction and were submitted together. The following…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). The question to be decided is whether the trial court had jurisdiction to adjudge LI. R. Finn a bankrupt. Finn and the two creditors, Silsbe and Clarke, interposed objections, verified by affidavit, to the jurisdiction as follows:
“That the said Finn did not have his principal place of business and did not reside and did not have his domicile and did not transact any business whatever within the Southern district of Florida for a period of more than sir months next preceding the filing of said petition. That his residence and domicile during said time were…
2Cases cited5 opinions
- In re Guanacevi Tunnel Co.Court of Appeals for the Second Circuit · 1912
- In re GarneauCourt of Appeals for the Seventh Circuit · 1904
- In re San Antonio Land & Irrigation Co.District Court, S.D. New York · 1916
- In re WilliamsDistrict Court, E.D. Arkansas · 1903
- In re PlotkeCourt of Appeals for the Seventh Circuit · 1900
3Cited by11 opinions
- Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
- Briney v. Burley (In Re Burley)United States Bankruptcy Court, C.D. California · 1981
- In re American & British Mfg. Corp.District Court, D. Connecticut · 1924
- In re MartinezCourt of Appeals for the Tenth Circuit · 1957
- Royal Indemnity Co. v. American Bond & Mortgage Co.Court of Appeals for the Seventh Circuit · 1932
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