Legal Opinion

In re Pilger

District Court, E.D. Wisconsin

Decided November 3, 1902PublishedCited by 9 opinions

In Bankruptcy. Issue upon creditors’ petition for adjudication of involuntary bankruptcy.

1Opinion of the Court

SEAMAN, District Judge.

The issues of insolvency and of commission of an act of bankruptcy having been determined upon the-hearing before a jury, the questions of jurisdiction remain for consideration. Two objections are raised to adjudication of bankruptcy under the petition: (i) That the petition contains no averment that Pilger was not a wage-earner, and the .testimony shows-that he was such in fact; (2) that one of the three petitioners (R. H. Schwab & Sons Company) was not a creditor.

The testimony is undisputed that the alleged bankrupt was secretary and stockholder of a bankrupt…

2Cases cited5 opinions

  1. Mollan v. TorranceSupreme Court of the United States · 1824
  2. Mattoon Nat. Bank of Mattoon v. First Nat. Bank of MattoonCourt of Appeals for the Seventh Circuit · 1900
  3. In re LuckhardtDistrict Court, D. Kansas · 1900
  4. In re PlotkeCourt of Appeals for the Seventh Circuit · 1900
  5. Everett v. DerbyDistrict Court, D. Maine · 1842

3Cited by9 opinions

  1. In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
  2. First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
  3. In re BrettDistrict Court, D. New Jersey · 1904
  4. Counts v. Columbus Buggy Co.Court of Appeals for the Fourth Circuit · 1913
  5. In re InmanDistrict Court, D. Wyoming · 1932

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