In re Mitchell
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from Order of the District Court oi the United States for the Southern District of New York.
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Petition to Revise and Appeal from Order of the District Court oi the United States for the Southern District of New York. This matter comes here upon an appeal from and a petition to revise an order of the United States District Court for the Southern District of New York, filed therein on March 23, 1914 (211 Fed. 778), and which denied a motion made by Thomas B. McGovern for an order vacating the orders of adjudication of bankruptcy herein, opening his default, striking out the answer and appearance interposed on his behalf, or permitting him to file an answer raising the issues of fraud…
1Opinion of the CourtRogers, Circuit Judge
(after stating thé facts as above). The question presented to us is whether an error was committed by the court below in declining to reopen the adjudication of bankruptcy entered against Mr. McGovern. Did the court below have jurisdiction to adjudicate the firm of Mitchell & Co. or any of the partners a bankrupt?
The Bankruptcy Act, § 2, gives courts of bankruptcy jurisdiction “to adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or .the greater portion…
2Cited by9 opinions
- Briney v. Burley (In Re Burley)United States Bankruptcy Court, C.D. California · 1981
- In re MartinezCourt of Appeals for the Tenth Circuit · 1957
- Higgins v. State Loan Co.Court of Appeals for the D.C. Circuit · 1940
- In Re CarneraDistrict Court, S.D. New York · 1933
- In re KnepperDistrict Court, N.D. New York · 1935
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