Gleason v. Smith, Perkins & Co.
Court of Appeals for the Third Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Western District of Pennsylvania. On September 7, 1905, the respondents filed their petition in Involuntary bankruptcy in the United States District Court for the Western District of Pennsylvania, against a person named in the petition as William S. Service.
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Petition for Revision of Proceedings of the District Court of the United States for the Western District of Pennsylvania. On September 7, 1905, the respondents filed their petition in Involuntary bankruptcy in the United States District Court for the Western District of Pennsylvania, against a person named in the petition as William S. Service. The petition was prepared by Mr. Salisbury, the attorney of the respondents, from information obtained from the respondents, from the accounts presented 1o him by the respondents, in which the name of the alleged bankrupt was stated as W. S. Service,…
1Opinion of the CourtFanning, District Judge
(after stating the facts). In clause 10 oí section 1 of the Bankruptcy Act of July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 8419], it is declared that the “commencement of proceedings” in bankruptcy shall mean “the date when the petition was filed": and in Mueller v. Nugent, 184 U. S. 1, 22 Sup. Ct. 269, 46 L. Ed. 405, it was held that the filing of a petition in bankruptcy "is a caveat to all the world, and, in effect, an attachment and injunction." We find nothing in the record of this case, the substance of which is contained in the statement preceding this opinion, to take…
2Cases cited7 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- In re BellahDistrict Court, D. Delaware · 1902
- In re SteinCourt of Appeals for the Second Circuit · 1901
- Beach v. Macon Grocery Co.Court of Appeals for the Fifth Circuit · 1903
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3Cited by7 opinions
- In re BielerCourt of Appeals for the Second Circuit · 1923
- In re HavensCourt of Appeals for the Second Circuit · 1918
- Germania Nat. Bank of Milwaukee v. LachenmaierCourt of Appeals for the Seventh Circuit · 1913
- Ryan v. HendricksCourt of Appeals for the Seventh Circuit · 1908
- Roszell Bros. v. Continental Coal Corp.District Court, E.D. Kentucky · 1916
2 more not listed; retrieve them via the Exa API.