Legal Opinion

In re Schenkein

District Court, W.D. New York

Decided February 3, 1902No. 763PublishedCited by 6 opinions

In Bankruptcy. The following is the opinion of the special master: This is an examination of alleged bankrupts under section 9b, Bankr.

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In Bankruptcy. The following is the opinion of the special master: This is an examination of alleged bankrupts under section 9b, Bankr. Act, referred to tlio undersigned, as special master, by an order of the district court dated November 10, 1901, with leave to the alleged bankrupts “to set up, assert, and present such preliminary objections to the sufficiency of the papers herein, to the regularity of these proceedings, and to the jurisdiction, as though the same were personally presented” to the court. Ther* seems to he little, if any, dispute on the facts, which may he stated as follows:…

1Opinion of the Court

HAZEL, District Judge.

On November 7, 1901, a petition was filed by a creditor to adjudge Samuel Schenkein and Martin A. Coney, copartners, bankrupts. At the same time an application was made by the petitioner for a warrant to the marshal, directing him to bring the alleged bankrupts forthwith before the court for examination, as provided for by section 9b of the bankruptcy act. In obedience to the warrant the alleged bankrupts were brought into court by the marshal, and, by counsel, objected to the jurisdiction of the court on the grounds (1) that petitioner and the alleged bankrupts were…

2Cases cited3 opinions

  1. Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
  2. In re Burlington Malting Co.District Court, E.D. Wisconsin · 1901
  3. In re LipkeDistrict Court, S.D. New York · 1900

3Cited by6 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. In re HornsteinDistrict Court, N.D. New York · 1903
  3. In re BurgDistrict Court, N.D. Texas · 1917
  4. In re Foster Const. Corp.Court of Appeals for the Second Circuit · 1931
  5. In re C. Moench & Sons Co.District Court, W.D. New York · 1903

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