Legal Opinion

In re Crescent Lumber Co.

District Court, S.D. Alabama

Decided July 23, 1907No. 341PublishedCited by 4 opinions

In Bankruptcy. On review of decision of referee disallowing claim of W. L. Seale. The following is the opinion of Referee R. T. Ervin: This matter coming on to be heard on the objections of the trustee to the claim of W. L. Seale and it appearing that the claim of Seale is on- a judgment rendered by the circuit court of Mobile county, Ala., in a suit wherein Seale claimed damages for a personal injury suffered by him while in the employ of the bankrupt.

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In Bankruptcy. On review of decision of referee disallowing claim of W. L. Seale. The following is the opinion of Referee R. T. Ervin: This matter coming on to be heard on the objections of the trustee to the claim of W. L. Seale and it appearing that the claim of Seale is on- a judgment rendered by the circuit court of Mobile county, Ala., in a suit wherein Seale claimed damages for a personal injury suffered by him while in the employ of the bankrupt. This suit was brought under the employer’s liability statute, constituting section 1749 of the present Code of Alabama of 1896, and the…

1Opinion of the Court

TOULMIN, District Judge.

The claim is a judgment rendered by the circuit court of Mobile county, Ala., for damages for personal injuries caused by the alleged negligence of the bankrupt, by whom the claimant was employed at the time of the injury. The suit was brought under the employer’s liability statute (Code Ala. 1896, § 1749). It was commenced subsequent to the proceeding in bankruptcy and the adjudication of the defendant as a bankrupt. The referee held that the claim was not provable, and disallowed it. From this decision, the claimant appeals.

The only question presented is whether the…

2Cases cited4 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
  3. In re HirschmanDistrict Court, D. Utah · 1900
  4. In re MoralesDistrict Court, S.D. Florida · 1901

3Cited by4 opinions

  1. Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
  2. Eberlein v. Fidelity & Deposit Co.Wisconsin Supreme Court · 1916
  3. United States v. SullivanDistrict Court, W.D. New York · 1937
  4. Buttrick v. GardnerSupreme Court of Oklahoma · 1934

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