Legal Opinion

In re Sutherland

U.S. Circuit Court for the District of Indiana

Decided November 15, 1870PublishedCited by 1 opinion

[In .review of the action of the district court of the United States for the district of Indiana.] In bankruptcy. This was a petition for review, filed by William Sutherland.

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[In .review of the action of the district court of the United States for the district of Indiana.] In bankruptcy. This was a petition for review, filed by William Sutherland. September 9. .1870, under the second section of the bankrupt law of 1867, alleging that certain persons claiming to be his creditors had presented a petition to the district court of this district to have him declared a bankrupt, for acts therein stated; that on denial of bankruptcy by him the case was submitted to the court on the third day of June, 1870, and he was then adjudged a bankrupt. The petitioner alleged that…

1Opinion of the Court

DRUMMOND, Circuit Judge.

The exception of Sutherland to this answer as insufficient must be carried back to the petition itself, and, that being done, 1 am of opinion that upon its face no case is made for the revisory power of this court under the second section of the bankrupt law. If it be conceded that the circuit court, under that section, may revise any order or ruling made in the progress or at the end of the proceedings in bankruptcy, not provided for by the 8th section, still the petition or bill must show wherein the error in the order or ruling consists. In re Alexander [Case No.…

2Cited by1 opinion

  1. In re BeckUnited States Circuit Court · 1887

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