Legal Opinion

In re Matthews

District Court, W.D. Arkansas

Decided June 10, 1901PublishedCited by 14 opinions

In Bankruptcy. On review of decision of referee on a petition filed By A. A. McDonald, trustee. The record in this case shows that a petition in bankruptcy was filed against Joe P. Matthews, bankrupt, on the 13th of October, 1S99, and service was immediately issued and had.

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In Bankruptcy. On review of decision of referee on a petition filed By A. A. McDonald, trustee. The record in this case shows that a petition in bankruptcy was filed against Joe P. Matthews, bankrupt, on the 13th of October, 1S99, and service was immediately issued and had. He was not adjudicated a bankrupt, however, until March 9, 1900. In the meantime, on the 20th of November, 3899, the property now in controversy (it being real estate) was turned over by the bankrupt to Harry M. Kelly, as agent for Klihu Chauneey, Charles Chauneey, and William L. Savage, trustees, and was in his possession…

1Opinion of the CourtRogers, District Judge

(after stating the facts). At the threshold of this case is the question of jurisdiction in the referee, since, if hé had no jurisdiction, the court could acquire none on petition for review, except to order the proceeding dismissed for want of jurisdiction. This question was not raised on the hearing before the referee, nor was it raised by the counsel on either side at the submission of the petition for review in this court. The question suggested itself, however, to the court at the hearing, and it was called to the attention of counsel, who did not seem disposed to question the…

2Cases cited25 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. United States v. DicksonSupreme Court of the United States · 1841
  3. White v. SchloerbSupreme Court of the United States · 1900
  4. Minis v. United StatesSupreme Court of the United States · 1841
  5. Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877

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3Cited by14 opinions

  1. Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
  2. Rakowski v. Wagoner, County JudgeSupreme Court of Oklahoma · 1909
  3. Brewer v. RustSupreme Court of Oklahoma · 1908
  4. United States v. SischoDistrict Court, W.D. Washington · 1919
  5. Bachman v. McCluerCourt of Appeals for the Eighth Circuit · 1933

9 more not listed; retrieve them via the Exa API.

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