United States ex rel. Adler v. Hammond
Court of Appeals for the Sixth Circuit
On Petition for Writ of Mandamus to Gompel Allowance of Appeal. The petitioner, Adler, was adjudged a bankrupt upon his voluntary petition by the district court for the Western district of Tennessee on the 12th day of October, 1899. With his petition he filed a schedule of his property, and a list of his creditors, as required by the bankruptcy act of 1898. He was thereafter examined by the referee at a meeting of his creditors, and on December 8, 1899, he offered terms of…
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On Petition for Writ of Mandamus to Gompel Allowance of Appeal. The petitioner, Adler, was adjudged a bankrupt upon his voluntary petition by the district court for the Western district of Tennessee on the 12th day of October, 1899. With his petition he filed a schedule of his property, and a list of his creditors, as required by the bankruptcy act of 1898. He was thereafter examined by the referee at a meeting of his creditors, and on December 8, 1899, he offered terms of composition to his general creditors, of whom 26 in number had proven claims in the sum of $8,336. These creditors held a…
1Opinion of the CourtSevereys, Circuit Judge
The single question presented for our determination is whether an appeal lies to this court from the order of the district court refusing confirmation of the composition tendered by the bankrupt and accepted by the requisite number of creditors, under the provision relating to appeals contained in subsection 2 of section 25 of the bankrupt act. The provision is “that appeals, as in equity cases, may he taken in bankruptcy to the circuit court of appeals of the United States * in the following cases, to wit: * * * (2) from a judgment granting or denying a discharge.” The learned judge of tlie…
2Cases cited5 opinions
- Wilmot v. MudgeSupreme Court of the United States · 1881
- Liebke v. ThomasSupreme Court of the United States · 1886
- In re AdlerDistrict Court, W.D. Tennessee · 1900
- In re BjornstadDistrict Court, W.D. Wisconsin · 1881
- Smith v. MorgansternU.S. Circuit Court for the District of Western Pennsylvania · 1880
3Cited by23 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Meyer v. Kenmore Granville Hotel Co.Supreme Court of the United States · 1936
- In Re KenistonUnited States Bankruptcy Court, D. New Hampshire · 1988
- Tallcott v. FriendCourt of Appeals for the Seventh Circuit · 1905
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
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