Johnston v. Spencer
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado. Summary proceedings by F. J. Spencer, trustee in bankruptcy of the Johnston Motor Sales Company, a bankrupt, against William hi. Johnston. From an order requiring defendant to turn over to the trustee a specified sum, he appeals.
1Opinion of the Court
ADAMS, Circuit Judge.
This was an appeal from an order made in a summary proceeding by a court of bankruptcy, requiring Johnston, the appellant, to turn over to the trustee of the estate of Johnston Motor Sales Company, the bankrupt, the sum of $6,350. The jurisdiction of the court to proceed in this summary way was challenged at the outset and at every subsequent stage of the case by the appellant, and this must necessarily receive first consideration on this appeal.
The evidence tends to show these facts: Johnston, prior to April 25, 1910, had been the president and treasurer of the Sales…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Bryan v. BernheimerSupreme Court of the United States · 1901
- White v. SchloerbSupreme Court of the United States · 1900
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3Cited by14 opinions
- Harrison v. ChamberlinSupreme Court of the United States · 1926
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- Board of Education v. LearyCourt of Appeals for the Eighth Circuit · 1916
- Blum v. HouserCourt of Appeals for the Seventh Circuit · 1913
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
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