In re Mendelsohn
District Court, D. California
D.' Mendelsohn filed his petition praying an adjudication of bankruptcy against his brother, S. Mendelsohn. On the return day of the order to show cause, the alleged bankrupt, S. Mendelsohn, did not appear and on motion a default was entered, and thereupon an adjudication was asked for. At this stage in the proceedings certain creditors appeared and asked leave to intervene and contest the facts in the petition.
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D.' Mendelsohn filed his petition praying an adjudication of bankruptcy against his brother, S. Mendelsohn. On the return day of the order to show cause, the alleged bankrupt, S. Mendelsohn, did not appear and on motion a default was entered, and thereupon an adjudication was asked for. At this stage in the proceedings certain creditors appeared and asked leave to intervene and contest the facts in the petition. They allege in their petition that they are creditors and have a lien, by attachment, on the goods of the debt- or; that the proceeding for adjudication is collusive and fraudulent,…
1Opinion of the Court
HILLYER, District Judge.
The first question is as to the right of these creditors having attachments to intervene and oppose the adjudication at this time. That the creditors now asking to intervene have a direct interest in opposing the adjudication is .plain. They have attached the debtor’s property, and if proceedings in bankruptcy do not go forward, will have a lien thereon for their security. If, however, there is an adjudication and an assignment their attachment will be dissolved, and their right to prosecute their suit to judgment suspended.
[After adjudication, it has been settled in…
2Cited by6 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Griffin v. DuttonCourt of Appeals for the First Circuit · 1908
- United States v. McKinleyU.S. Circuit Court for the District of Oregon · 1903
- Conroy v. Oregon Construction Co.United States Circuit Court · 1885
- In re Federal Lumber Co.District Court, D. Massachusetts · 1910
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