In re Neasmith
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan, in Bankruptcy. TTpon an involuntary petition filed against her and a number of others, alleged to he copartners under the firm name of “Vicksburg Exchange Bank, Neasmith, Bair, Page & Co..” Mrs. Era A. Neasmith was adjudged a bankrupt. From this adjudication she has appealed and assigned error.
Read the full summary
Appeal from the District Court of the United States for the Western District of Michigan, in Bankruptcy. TTpon an involuntary petition filed against her and a number of others, alleged to he copartners under the firm name of “Vicksburg Exchange Bank, Neasmith, Bair, Page & Co..” Mrs. Era A. Neasmith was adjudged a bankrupt. From this adjudication she has appealed and assigned error. Each of the defendants, other than appellant, filed answers denying the essential averments of the petition, including solvency of the alleged corporation and of the alleged copartners individually, as well as any…
1Opinion of the Court 1
After making the foregoing statement,
2Opinion of the Court · LurtonLurton, Circuit Judge
Under section 19a of the bankrupt act of 1898 appellant had a right to demand a jury for the trial of the question of her insolvency, as well as the question of any act of bankruptcy alleged. But she did not file a written application for a jury trial within the time" for the filing of her answer, nor at any other time. That she filed one stipulation in respect to certain facts which recites that it was to be used before the jury is true; and it is also true that she does not appear to have objected to the calling of a jury, or to the submission of either…
3Cases cited10 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Meehan v. ValentineSupreme Court of the United States · 1892
- Elliott v. ToeppnerSupreme Court of the United States · 1902
- Fechteler v. Palm Bros. & Co.Court of Appeals for the Sixth Circuit · 1904
- Johnson v. HarmonSupreme Court of the United States · 1877
5 more not listed; retrieve them via the Exa API.
4Cited by9 opinions
- Nashville Ry. & Light Co. v. BunnCourt of Appeals for the Sixth Circuit · 1909
- In re Peck's EstateSupreme Court of Vermont · 1913
- Cline v. PowellSupreme Court of Florida · 1939
- Carpenter v. CuddCourt of Appeals for the Fourth Circuit · 1909
- Ruggles v. BuckleyCourt of Appeals for the Sixth Circuit · 1908
4 more not listed; retrieve them via the Exa API.