Lackner v. McKechney
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. Bill by Devi C. Weir, as executor of. the estate of Frederic C. Weir, against John McKechney and others, which, after the death of complainant, was revived in the name of Joseph D. Dackner, his administrator. John S. Miller and another filed an intervening petition, and from a decree dismissing the original bill, cross-bill, and intervening petition, petitioners appeal.
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Appeal from the District Court of the United States for the Northern District of Illinois. Bill by Devi C. Weir, as executor of. the estate of Frederic C. Weir, against John McKechney and others, which, after the death of complainant, was revived in the name of Joseph D. Dackner, his administrator. John S. Miller and another filed an intervening petition, and from a decree dismissing the original bill, cross-bill, and intervening petition, petitioners appeal. On July 28, 1900, Levi O. Weir, a citizen of Ohio, and the executor of the estate of Frederic O. Weir, appointed as such by the courts…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1,2] 1. Concededly, on proceedings to wind up copartnership affairs, creditors will be permitted to intervene and file their claims against the copart-nership assets and against the individual members of the firm. A court of equity, necessarily determining the validity and extent of their claims for the purpose of devoting any partnership assets to the payment thereof before any distribution as between the copartners, would not remit them to another tribunal for full relief, if the partnership assets proved deficient, but would give personal judgment…
2Cases cited8 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Lawrence v. NelsonSupreme Court of the United States · 1892
- Hughes v. GrossMassachusetts Supreme Judicial Court · 1896
- Larkin v. UptonSupreme Court of the United States · 1892
- Walker v. GoodrichIllinois Supreme Court · 1855
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3Cited by14 opinions
- Cohn v. Cities Service Co.Court of Appeals for the Second Circuit · 1930
- Brewer v. ElksSupreme Court of North Carolina · 1963
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- Burrowes v. GoodmanCourt of Appeals for the Second Circuit · 1931
- Canfield v. ScrippsCalifornia Court of Appeal · 1936
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