In re Drayton
District Court, E.D. Wisconsin
In Bankruptcy. On question certified by the referee, in substance, whether his general authority as referee extends to the consideration of an intervening petitioner’s claim to specific property or proceeds in the hands of the trustee, alleged to be the property of the petitioner, and not of the estate in bankruptcy.
1Opinion of the Court
SEAMAN, District Judge.
While the early decisions under the bankruptcy act appear to have raised doubts upon the question thus certified, I am satisfied that any doubt is cleared by the later rulings of the Circuit Court of Appeals, and finally by the Supreme Court, so that the question can be answered unhesitatingly in the affirmative.
The opinion of Judge Sanborn, for the Circuit Court of Appeals, Eighth Circuit, in Re Rochford, 59 C. C. A. 388, 124 Fed. 182, is not only directly in point, but exhaustive and convincing; and recently like view is upheld by the Supreme Court in Hewit v. Berlin…
2Cases cited7 opinions
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- In re RochfordCourt of Appeals for the Eighth Circuit · 1903
- Holden v. StrattonSupreme Court of the United States · 1903
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- In re RodgersCourt of Appeals for the Seventh Circuit · 1903
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3Cited by4 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- In re Hadden Rodee Co.District Court, E.D. Wisconsin · 1904
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- In re RussellDistrict Court, E.D. Pennsylvania · 1921