Legal Opinion

Rodgers v. Ramseur

Court of Appeals for the Fifth Circuit

Decided November 20, 1900No. 921PublishedCited by 21 opinions

Appeal from the District Court of the United States for the Eastern District of Texas. The following general statement of the case is found in the transcript, apparently agreed to by all the counsel representing the various parties in interest: On the 24th day of April, A. L. 1899, J. O. Whitener, bankrupt, filed his petition in bankruptcy. The schedule made by Whitener disclosed no assets.

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Appeal from the District Court of the United States for the Eastern District of Texas. The following general statement of the case is found in the transcript, apparently agreed to by all the counsel representing the various parties in interest: On the 24th day of April, A. L. 1899, J. O. Whitener, bankrupt, filed his petition in bankruptcy. The schedule made by Whitener disclosed no assets. On the 28th day of April, A. D. 1899, he was duly adjudicated a bankrupt On the 35th day of May, A. D. 1899, the first meeting of the creditors was hold at Texarkana, Tex., in pursuance of notice issued…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts). As the property, the ownership of which is in dispute, was in the possession of the trustee in bankruptcy as a part of bankrupt’s property to be duly administered, the district court had jurisdiction to issue an injunction restraining the proceedings under a sequestration issued from the district court of Bowie county, Tex., at the suit of Ramseur, plaintiff, against Rodgers, trustee, and to compel the return of the property to the trustee. See White v. Schloerb (decided in the supreme court May 28, 1900) 20 Sup. Ct. 1007, 44 L. Ed. 1183. The property being in the…

2Cases cited2 opinions

  1. Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
  2. Bernheimer v. BryanCourt of Appeals for the Fifth Circuit · 1899

3Cited by21 opinions

  1. Dodge v. NorlinCourt of Appeals for the Eighth Circuit · 1904
  2. In re McMahonCourt of Appeals for the Sixth Circuit · 1906
  3. Chesapeake Shoe Co. v. SeldnerCourt of Appeals for the Fourth Circuit · 1903
  4. In re CramondDistrict Court, N.D. New York · 1906
  5. Live Stock State Bank v. DoyleCourt of Appeals for the Eighth Circuit · 1923

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