Blackstone v. Everybody's Store, Inc.
Court of Appeals for the First Circuit
Appeals from the District Court of the United States for' the District of Massachusetts; James M. Morton, Jr., Judge. In the matter of bankruptcy proceedings against Fverybody’s Store, Incorporated, alleged bankrupt. From a judgment dismissing the petition, complainants appeal.
1Opinion of the Court
ALDRICH, District Judge.
In this case (that of Everybody’s) the petition for an adjudication of bankruptcy was dismissed by the District Court upon consideration of the pleadings and proofs, and we see no reason for disagreeing with that result. . -
The position of the petitioning creditors involves a novelty, because they seek in limine, in a bankruptcy proceeding, to invoke processes of property elimination in order to bring the case within the jurisdiction of a bankruptcy court.
[1] We do not think it the policy of the bankruptcy law that bankruptcy courts should at the outset seek to…
2Cases cited1 opinion
- Spang, Chalfant & Co. v. TaylorCourt of Appeals for the Seventh Circuit · 1902
3Cited by12 opinions
- In re San Antonio Land & Irrigation Co.District Court, S.D. New York · 1916
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- In Re S. W. Straus & Co.Court of Appeals for the Second Circuit · 1933
- Banco Comercial De Puerto Rico v. Hunter Benn & Co.Court of Appeals for the First Circuit · 1929
- In Re Paramount-Publix CorporationDistrict Court, S.D. New York · 1934
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