Legal Opinion

Badders Clothing Co. v. Burnham-Munger-Root Dry Goods Co.

Court of Appeals for the Eighth Circuit

Decided December 3, 1915No. Nos. 4292, 4293, 139PublishedCited by 8 opinions

In Error to, Appeal from, and Petition to Revise Order of, the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of the Badders Clothing Company, bankrupt. To review proceedings resulting in its adjudication on petition of Burnham-Mumger-Root Dry Goods Company and others, the bankrupt brings error; and from certain orders therein, it appeals. A petition to revise in matter of law is also filed.

1Opinion of the Court

HOOK, Circuit Judge.

No. 4292 is a writ of error to review the proceedings at a trial by jury, resulting in a verdict and an adjudication of bankruptcy against the Badders Clothing Company, a Kansas corporation. No. 4293 is an appeal from certain orders in the bankruptcy proceedings, and No. 139 original is a petition to revise in matter of law.

[1] The rulings of the trial court in allowing amendment of the petition in bankruptcy and in requiring the bankrupt to proceed to trial were within its reasonable discretion. The-defect in the verification of the petition, if any, was waived by the…

2Cases cited13 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
  3. National Bank v. GrahamSupreme Court of the United States · 1880
  4. Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
  5. Salt Lake City v. HollisterSupreme Court of the United States · 1886

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3Cited by8 opinions

  1. State v. CarduffWest Virginia Supreme Court · 1956
  2. Edward D. Hassan, Trustee v. Middlesex County National Bank, in the Matter of Mystic Pipe & Supply Corp., BankruptCourt of Appeals for the First Circuit · 1964
  3. Wilkes v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  4. Commercial Credit Corporation, a Nebraska Corporation v. Thomas J. Skutt, Trustee of Briley Motor Company, Inc., BankruptCourt of Appeals for the Eighth Circuit · 1965
  5. Lansdown v. FarisCourt of Appeals for the Eighth Circuit · 1933

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