Legal Opinion

In re Williams

District Court, E.D. Michigan

Decided March 27, 1876PublishedCited by 6 opinions

On petition of William W. Crapo, attaching creditor, for leave to intervene and contest the bankruptcy proceedings. A petition was filed against Elias G. Williams on the 13th day of December, 1875, by a number of creditors, praying for his adjudication as a bankrupt, and setting forth, as acts of bankruptcy, the transfer of his property, by a bill of sale, to the Citizens’ National Bank of Flint, and also the nonpayment and suspension of commercial paper.

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On petition of William W. Crapo, attaching creditor, for leave to intervene and contest the bankruptcy proceedings. A petition was filed against Elias G. Williams on the 13th day of December, 1875, by a number of creditors, praying for his adjudication as a bankrupt, and setting forth, as acts of bankruptcy, the transfer of his property, by a bill of sale, to the Citizens’ National Bank of Flint, and also the nonpayment and suspension of commercial paper. On January 3, William W. Crapo. an attaching creditor, filed his petition, setting forth that on the 16th of October he took out a writ of…

1Opinion of the Court

BROWN, District Judge.

It has already been held by this court, in the case of Ber-geron [Case No. 1.342], that the attaching creditor has the right to intervene and contest the jurisdictional allegation of the petitioner, as to the number and amount of creditors. All the cases up to that time are cited in this opinion. Since then, however, the same question has been similarly decided by the district judge of the Eastern district of Wisconsin. In re Hatje [Id. 6,215]. It is claimed, however, by the petitioning creditors in this case that, although he may have the right to intervene to object to…

2Cases cited4 opinions

  1. Mason v. . LordNew York Court of Appeals · 1869
  2. Parker v. CrittendenSupreme Court of Connecticut · 1870
  3. Brewster v. SheltonSupreme Court of Connecticut · 1855
  4. Carow v. KellyNew York Supreme Court · 1871

3Cited by6 opinions

  1. Risser v. HoytMichigan Supreme Court · 1884
  2. In re MeyerCourt of Appeals for the Second Circuit · 1899
  3. Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
  4. In re GilletteDistrict Court, W.D. New York · 1900
  5. In re KraftDistrict Court, S.D. New York · 1880

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