Legal Opinion

In re Moore

District Court, W.D. Kentucky

Decided October 21, 1901PublishedCited by 27 opinions

In Bankruptcy. On petition to review decision of referee. The following is the opinion of Bagby, referee: On the 13th day of September, 1900, said John W. Moore was by the grand jury of the circuit court of McCracken county, Kentucky, indicted for keeping and maintaining a nuisance in the nature of a disorderly house; and on the 6th day of April, 1901, he was by the verdict of a petit jury in the circuit court of said county found guilty of the charge in the indictment, and…

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In Bankruptcy. On petition to review decision of referee. The following is the opinion of Bagby, referee: On the 13th day of September, 1900, said John W. Moore was by the grand jury of the circuit court of McCracken county, Kentucky, indicted for keeping and maintaining a nuisance in the nature of a disorderly house; and on the 6th day of April, 1901, he was by the verdict of a petit jury in the circuit court of said county found guilty of the charge in the indictment, and his fine fixed at $100, upon which judgment was entered, and a capias pro fine awarded. Thereafter, on the 30th day of…

1Opinion of the Court

EVANS, District Judge.

This proceeding is before the court upon a petition for a review of the ruling of the referee expunging the proof of debt filed by the commonwealth of Kentucky. The claim thus proved is for the amount oí a fine imposed by a judgment of a state court in a criminal prosecution upon an indictment for a serious public offense.' At the trial of the indictment the bankrupt was found guilty, and the statutory punishment was inflicted as the result. Subsequently the petition in the case was filed. The referee disallowed the claim upon the exceptions filed by the trustee, and the…

2Cases cited4 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
  3. In re AldersonDistrict Court, D. West Virginia · 1899
  4. Mulligan v. CorbinsSupreme Court of the United States · 1869

3Cited by27 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. Parker v. United StatesCourt of Appeals for the First Circuit · 1946
  4. People v. MilneSupreme Court of Colorado · 1984
  5. Zwick v. FreemanCourt of Appeals for the Second Circuit · 1967

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