Legal Opinion
Herman v. Cullerton
Court of Appeals for the Ninth Circuit
Decided July 12, 1926No. 4759PublishedCited by 3 opinions
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The general principle that from the time of filing the petition in bankruptcy the estate is in custodia legis and within the exclusive jurisdiction of the bankruptcy court (Acme Harvester Co. v. Beckman Lumber Co., 222 U. S. 300, 32 S. Ct. 96, 56 L. Ed. 208) is in no way inconsistent with the exorcise of jurisdiction by a state court in a case instituted therein, where tho subject-matter is within the jurisdiction of the state court (Remington on Bankruptcy, §§ 2131, 2182). Here, by consent, the brokers, admitting that they had funds belonging to one or the…
2Cases cited12 opinions
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Eyster v. GaffSupreme Court of the United States · 1876
- Winchester v. HeiskellSupreme Court of the United States · 1886
- Linstroth Wagon Co. v. BallewCourt of Appeals for the Fifth Circuit · 1907
- Handlan v. WalkerCourt of Appeals for the Eighth Circuit · 1912
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3Cited by3 opinions
- McClendon v. DeanNew Mexico Supreme Court · 1941
- Beach Resort Hotel Corp. v. WiederSupreme Court of Florida · 1956
- Litton v. PepperCourt of Appeals for the Fourth Circuit · 1939