From Casetext: Smarter Legal Research

Ulizio v. Van Sciver Co.

Circuit Court of Appeals, Third Circuit
Apr 30, 1932
57 F.2d 1085 (3d Cir. 1932)

Opinion

No. 4884.

April 30, 1932.

Appeal from the District Court of the United States for the District of New Jersey.

Robert H. McCarter, of Newark, N.J., for appellants.

Harvey F. Carr and Carr Carroll, all of Camden, N.J., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


This was an appeal from an order of the court below, sitting in bankruptcy, restraining the appellants from disposing of certain property, real and personal, which it is alleged belongs to the bankrupt estate. Proceedings are now pending to have the alleged bankrupt declared to be a bankrupt. Pending that proceeding, and in view of the omission of the appellants to inform the court as to the nature of their claim, so as to enable it to now determine whether the alleged claim should be passed on by the court itself or whether the trustee, in case the alleged bankrupt is so adjudged, should proceed by plenary action, this restraining order was granted.

We find no error in the court making such cautionary order to enable it to keep control over the property meanwhile. We accordingly dismiss the present appeal.


Summaries of

Ulizio v. Van Sciver Co.

Circuit Court of Appeals, Third Circuit
Apr 30, 1932
57 F.2d 1085 (3d Cir. 1932)
Case details for

Ulizio v. Van Sciver Co.

Case Details

Full title:Rosamond A. ULIZIO, et al., Appellants, v. J.B. VAN SCIVER CO., Appellee

Court:Circuit Court of Appeals, Third Circuit

Date published: Apr 30, 1932

Citations

57 F.2d 1085 (3d Cir. 1932)