In re Adler
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York. Tills is a petition by tbe Ninth National Bank of New York to review two orders made by the District Court for the Southern District of New York.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York. Tills is a petition by tbe Ninth National Bank of New York to review two orders made by the District Court for the Southern District of New York. The first of these orders is dated April 11, 1905, and is as follows: “Ordered, that all proceedings in a certain suit in the New York Supreme Court, County of New York, entitled ‘Ninth National Bank, plaintiff, against Marcus A. Adler, impleaded with others, defendants,’ upon the part of the plaintiff in said action and its…
1Opinion of the Court
COXE, Circuit Judge.
The discussion at the bar and in the briefs has, we think, taken a much wider range than is warranted by the facts. The order complained of simply restrains, during the pendency of the bankruptcy, proceedings, a judgment creditor in the state court from attempting to enforce its judgment by proceedings to punish the bankrupt for contempt.
The order was evidently granted under section 11 of the law (Act July 1, 1898, c. 541, 30 Stat. 549 [U. S. Comp. St. 1901, p. 3426], which provides that a suit, founded upon a claim from which a discharge would be a release, which is…
2Cases cited4 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Crawford v. BurkeSupreme Court of the United States · 1904
- Pickens v. RoySupreme Court of the United States · 1902
- Bullis v. O'BeirneSupreme Court of the United States · 1904
3Cited by9 opinions
- Guariglia v. Community National Bank & Trust CompanyDistrict Court, E.D. New York · 1974
- Hisey v. Lewis-Gale Hospital, Inc.District Court, W.D. Virginia · 1939
- In Re SchefflerCourt of Appeals for the Second Circuit · 1934
- Culp v. RobeyCourt of Appeals of Texas · 1927
- In re ArnaoDistrict Court, W.D. New York · 1914
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