Legal Opinion

Stone-Ordean-Wells Co. v. Mark

Court of Appeals for the Eighth Circuit

Decided September 27, 1915No. 150PublishedCited by 20 opinions

Petition to Revise Order of the District Court of the United States for the District of Minnesota; Page Morris, Judge. Petition, to revise final order, by the Stone-Ordean-Wells Company, a corporation, against John H. Mark, trustee of the Wadena Cracker Company, a corporation, bankrupt, in bankruptcy.

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Petition to Revise Order of the District Court of the United States for the District of Minnesota; Page Morris, Judge. Petition, to revise final order, by the Stone-Ordean-Wells Company, a corporation, against John H. Mark, trustee of the Wadena Cracker Company, a corporation, bankrupt, in bankruptcy. On April 24, 1913, Stone-Ordean-Wells Company, a corporation, obtained a judgment for $197.83 against Wadena Cracker Company, another corporation, in one of the district courts of the state of Minnesota; on April 26, 1943, an execution was issued thereon; and on May 15, 1913, the sheriff levied…

1Opinion of the CourtSanborn, Circuit Judge

(after stating the facts as above). [1,2] Section 67f of the bankruptcy act provides:

“That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same. * * * And the court may order such conveyance as shall be necessary to carry the purposes of…

2Cases cited19 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  3. Babbitt v. DutcherSupreme Court of the United States · 1910
  4. Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
  5. Jaquith v. RowleySupreme Court of the United States · 1903

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3Cited by20 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Liberty Nat. Bank of Roanoke v. BearSupreme Court of the United States · 1924
  3. B. F. Goodrich Rubber Co. v. Valley Plumbing & Supply Co.Court of Appeals of Texas · 1924
  4. Martin v. OliverCourt of Appeals for the Eighth Circuit · 1919
  5. In re Ann Arbor Mach. Co.District Court, E.D. Michigan · 1922

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