Legal Opinion

Barrett v. Kaigler

Supreme Court of Alabama

Decided June 14, 1917No. 4 Div. 724PublishedCited by 5 opinions

Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by H. M. Kaiglor, as trustee in bankruptcy, against Mary Barrett and another. From a decree overruling demurrer to the bill, respondents appeal. The following are the grounds of demurrer insisted upon: (2) Failure to aver whether the creditors represented by the trustee are secured or unsecured creditors.

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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Bill by H. M. Kaiglor, as trustee in bankruptcy, against Mary Barrett and another. From a decree overruling demurrer to the bill, respondents appeal. The following are the grounds of demurrer insisted upon: (2) Failure to aver whether the creditors represented by the trustee are secured or unsecured creditors. (3) Failure to name the creditors represented by him, • and the amounts due each one, and whether they are secured or unsecured. (4) The complaint avers that one of the creditors was owed considerable money by notes,…

1Opinion of the CourtThomas, J.

The bill is filed by a trustee in bankruptcy, to set aside a conveyance of certain property alleged to have been transferred by the bankrupt in fraud of his creditors. The bill avers the bankruptcy of one Barrett, and the appointment of complainant as trustee of the bankrupt estate, by the District Court having jurisdiction thereof. It is by the bill further averred that in the summer of 1914 said Barrett “became and was insolvent; that he owed large amounts of money, consisting of open accounts, to various wholesale grocers, which debts were due at the time of filing the bill, to wit, the…

2Cases cited20 opinions

  1. Southard v. . BennerNew York Court of Appeals · 1878
  2. In re RodgersCourt of Appeals for the Seventh Circuit · 1903
  3. Mueller v. BrussWisconsin Supreme Court · 1901
  4. English v. RossDistrict Court, M.D. Pennsylvania · 1905
  5. In re the Assignment of GrayAppellate Division of the Supreme Court of the State of New York · 1900

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
  2. Riggs v. PriceSupreme Court of Missouri · 1919
  3. Neuberger v. FelisSupreme Court of Alabama · 1919
  4. In re Southern Metal Products Corp.District Court, N.D. Alabama · 1939
  5. Thomas v. MickleSupreme Court of Alabama · 1934

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