Jaquith v. Rowley
Supreme Court of the United States
APPEAL FEOM THE DISTRICT COURT Op THE UNITED STATES POR THE DISTRICT OP MASSACHUSETTS. The appellant herein was appointed a trustee in bankruptcy by the United States District Court in Massachusetts on September 18,1900, and his bond was approved on the 21st of that month.
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APPEAL FEOM THE DISTRICT COURT Op THE UNITED STATES POR THE DISTRICT OP MASSACHUSETTS. The appellant herein was appointed a trustee in bankruptcy by the United States District Court in Massachusetts on September 18,1900, and his bond was approved on the 21st of that month. The bankrupt was duly adjudged such on August 15, 1900,' and at the date of that adjudication there were pending in- the Superior Court of Massachusetts, for Middlesex County, two suits, one of E. W. Thayer against the bankrupt, in which a.bail bond had been taken on November 14,1899, and the other a suit of E. F. Flanders…
1Opinion of the Court
Mb’. Justice Peckham,
after making the foregoing statement of facts, delivered the opinion of the court.
This proceeding is governed by the principles decided in Bardes v. Hawarden Bank, 178 U. S. 524; Bryan v. Bernheimer, 181 U. S. 188, and Mueller v. Nugent, 184 U. S. 1.
The objection that it is not a suit within the meaning of the twenty-third section of the bankruptcy law is without force. The proceeding was a summary application to the court in bankruptcy to grant an order- in a matter, the result of the granting of which would be to immediately take from the surety moneys which had been…
2Cases cited4 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Eyster v. GaffSupreme Court of the United States · 1876
- Bryan v. BernheimerSupreme Court of the United States · 1901
3Cited by82 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Harrison v. ChamberlinSupreme Court of the United States · 1926
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
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