In re Farrell
Court of Appeals for the Sixth Circuit
Petition to Review an Order of the District Court of the United States for the Northern District of Ohio. In the matter of the bankruptcy of George B. Harvey. On petition to revise in matter of law an order refusing to grant a summary order requiring one Mason to turn over alleged assets of the bankrupt to George T. Farrell, trustee.
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Petition to Review an Order of the District Court of the United States for the Northern District of Ohio. In the matter of the bankruptcy of George B. Harvey. On petition to revise in matter of law an order refusing to grant a summary order requiring one Mason to turn over alleged assets of the bankrupt to George T. Farrell, trustee. The petitioner asks this court to revise in matter of law the action of the court below in refusing to grant a summary order to turn over alleged assets of the bankrupt. On August 3,1908, Harvey filed a voluntary petition in bankruptcy and was on that day…
1Opinion of the CourtWarrington, Circuit Judge
(after staling the facts as above). The question first requiring attention is one of procedure. It is claimed for the assignee that the case should have been brought to this court by appeal, and not by petition for revision. As shown in the statement, the effort of the trustee in bankruptcy was to obtain a summary order to compel tlie assignee to turn over the assets received by him from his assignor, less dividends theretofore paid, and less such commissions, expenses, and attorney’s fees as the Ohio courts might fix, or, stated in another way, to pay over the net assets remaining applicable…
2Cases cited23 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Coder v. ArtsSupreme Court of the United States · 1909
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Randolph v. ScruggsSupreme Court of the United States · 1903
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3Cited by10 opinions
- Carey v. DonohueCourt of Appeals for the Sixth Circuit · 1913
- In re BaxterCourt of Appeals for the Sixth Circuit · 1920
- Courtney v. SheaCourt of Appeals for the Sixth Circuit · 1915
- Stellwagen v. ClumCourt of Appeals for the Sixth Circuit · 1914
- Collins v. WilliamsonCourt of Appeals for the Sixth Circuit · 1915
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