Leidigh Carriage Co. v. Stengel
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of Ohio. This is an appeal in bankruptcy, brought by the Leidigh Carriage Company, the adjudged bankrupt, and Henry Coleman, a preferred creditor.
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Appeal from the District Court of the United States for the Southern District of Ohio. This is an appeal in bankruptcy, brought by the Leidigh Carriage Company, the adjudged bankrupt, and Henry Coleman, a preferred creditor. On the 1st day of November, 189S, Stengel and others, creditors of the Leidigh Carriage Company, a corporation under the laws of Ohio,'filed a petition in the district court of the Southern district of Ohio, in which they represented that they were creditors of the defendant company in an amount aggregating more than $500, and that they had no security for the same; that…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). The first objection to the action of the court below in adjudging the defendant to be a bankrupt, embodied in the first, fifth, and tenth assignments of error, is that the petition was prematurely filed. The petition was.filed at 8:30 o’clock on the morning of November 1, 1808. Section 71 of the act of bankruptcy, approved July 1, 1898 (30 Stat. 544), provides as. follows:
“This act shall go into full force and effect upon its passage: provided, however, that no petition for voluntary bankruptcy shall be filed within one month from the passage thereof, and no…
2Cases cited25 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Arnold and Others v. The United StatesSupreme Court of the United States · 1815
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Burgess v. SalmonSupreme Court of the United States · 1878
- Louisville v. Savings BankSupreme Court of the United States · 1881
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3Cited by58 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Schultz v. United StatesCourt of Appeals for the Sixth Circuit · 2008
- Campbell v. Alleghany CorporationCourt of Appeals for the Fourth Circuit · 1935
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1899
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