Union Trust Co. v. Southern Sawmills & Lumber Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of North Carolina, at Raleigh. This is an appeal from the final decree entered in the two above consolidated causes on the 21st of January, 1907. The subject-matter involved in the suits was the property of the Southern Sawmills & Lumber Company.
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Appeal from the Circuit Court of the United States for the Eastern District of North Carolina, at Raleigh. This is an appeal from the final decree entered in the two above consolidated causes on the 21st of January, 1907. The subject-matter involved in the suits was the property of the Southern Sawmills & Lumber Company. The last-named suit was filed by unsecured creditors of the company (hereinafter called the “creditors’ suit”), in which the defendant appeared and answered, and without objection a receiver ivas appointed to take charge of all of its assets, consisting of its sawmill and…
1Opinion of the Court
WADD1LL, District Judge
(after stating the facts as above). Many questions are raised by the assignments of error, and were earnestly pressed in argument, that need not he dwelt upon especially by the court, although all have been duly considered; among them, first, the right to institute and maintain the creditors’ suit, and, second, the validity of the receiver’s certificates issued therein. In passing", it may be said that the defendant, having appeared and interposed no objection to the institution of the creditors’ suit, in advance of securing lien, and answered and consented to the…
2Cases cited45 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Fosdick v. SchallSupreme Court of the United States · 1879
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
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3Cited by15 opinions
- France Mfg. Co. v. Jefferson Electric Co.Court of Appeals for the Sixth Circuit · 1939
- In Re Avorn Dress Co.Court of Appeals for the Second Circuit · 1935
- In re Williamsburg Knitting MillDistrict Court, E.D. Virginia · 1911
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Maryland Casualty Co. v. Dulaney Lumber Co.Court of Appeals for the Fifth Circuit · 1928
10 more not listed; retrieve them via the Exa API.