Legal Opinion

In re Black Diamond Copper Mining Co.

Arizona Supreme Court

Decided March 30, 1906No. Civil No. 944PublishedCited by 2 opinions

APPEAL from a judgment of the District Court of the Second Judicial District. Fletcher M. Doan, Judge. Proceedings in involuntary bankruptcy of The Black Diamond Copper Mining Company. From an order refusing to adjudicate the company a bankrupt, and from an order making an allowance of attorney’s fees, Soto Bros. & Renaud, petitioning creditors, appeal. The facts are stated in the opinion.

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APPEAL from a judgment of the District Court of the Second Judicial District. Fletcher M. Doan, Judge. Proceedings in involuntary bankruptcy of The Black Diamond Copper Mining Company. From an order refusing to adjudicate the company a bankrupt, and from an order making an allowance of attorney’s fees, Soto Bros. & Renaud, petitioning creditors, appeal. The facts are stated in the opinion. The court erred in permitting the bankrupt to introduce the testimony of Nat Hawke, as to an alleged compromise of the claim of Soto Bros. & Renaud, because there was no issue before the court, no…

1Opinion of the CourtCampbell, J.

On November 25, 1904, the California Yigorit Powder Company, Harper & Reynolds Company, and F. W. Braun Company, filed a petition in bankruptcy against The Black Diamond Copper Mining Company, a corporation. Several acts of bankruptcy were alleged. Summons was duly issued and served, and December 10, 1904, fixed as the return day. On the return day counsel entered appearance for the company and secured from the court an order granting thirty days’ extension of time in which to plead. No answer having been filed within this extended time, the court, on January 23, 1905, further extended the…

2Cases cited5 opinions

  1. In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
  2. In re BedingfieldDistrict Court, N.D. Georgia · 1899
  3. In re CroninDistrict Court, D. Massachusetts · 1899
  4. Bray v. CobbDistrict Court, E.D. North Carolina · 1898
  5. In re LockwoodDistrict Court, S.D. New York · 1900

3Cited by2 opinions

  1. In re Black Diamond Copper Mining Co.Arizona Supreme Court · 1908
  2. In re the claim of KirkpatrickArizona Supreme Court · 1906

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