Salsburg v. Blackford
Court of Appeals for the Fourth Circuit
Appeal from and Petition for Revision of Proceedings of the District Court of the United States for the Northern District of West Virginia, at Wheeling; Alston G. Dayton, Judge. In the matter of bankruptcy proceedings of Herman Schoenfield, bankrupt.
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Appeal from and Petition for Revision of Proceedings of the District Court of the United States for the Northern District of West Virginia, at Wheeling; Alston G. Dayton, Judge. In the matter of bankruptcy proceedings of Herman Schoenfield, bankrupt. Heard on appeal and on petition by Jacob Salsburg to superintend and revise in matter of law proceedings .denying his right to certain property of the bankrupt claimed by the trustee and found by the court to have been fraudulently transferred (190 Fed. 53).
1Per curiam
[1] This case is brought here by petition to revise and by appeal. At the hearing at this bar the counsel for the petitioner and appellant admitted that these remedies were not cumulative, but were mutually exclusive. They elected to stand upon the appeal.
The petition to revise in No. 1,069 must therefore be dismissed.
[2] The findings of the referee, and the learned court below, are fully set forth in Re Schoenfield (D. C.) 190 Fed. 53. The evidence in the record abundantly sustains the findings that the goods taken possession of by the bankrupt’s receiver were part of the bankrupt’s estate,…
2Cases cited1 opinion
- In re SchoenfieldDistrict Court, N.D. West Virginia · 1911
3Cited by7 opinions
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Harden v. PetritzCourt of Appeals for the Seventh Circuit · 1921
- Hollingsworth & Whitney Co. v. BostonCourt of Appeals for the First Circuit · 1917
- Hyman v. McLendonCourt of Appeals for the Fourth Circuit · 1944
- People's Nat. Bank v. GreenCourt of Appeals for the Fourth Circuit · 1924
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