Yellow Motor Co. of St. Louis v. Broderick

Eighth Circuit

Yellow Motor Co. of St. Louis v. Broderick

32 F.2d 1022, 1929 U.S. App. LEXIS 3983

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 29, 1929

DocketNo. 8257

StatusPublished

Cited by2 cases

This text of 32 F.2d 1022 (Yellow Motor Co. of St. Louis v. Broderick) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yellow Motor Co. of St. Louis v. Broderick, 32 F.2d 1022, 1929 U.S. App. LEXIS 3983 (8th Cir. 1929).

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LEWIS, Circuit Judge.

Four petitioners representing themselves as creditors of Yellow Motor Company asked the court below to adjudge it bankrupt. It answered that petition admitting some allegations and -denying others. Pending adjudication the petitioning creditors asked the court for an order under section 21a of the Bankruptcy Act (11 USCA § 44[a]) to examine the bankrupt’s officers and others on oath before the referee. The order was entered and bankrupt has appealed.

Before this appeal came on for hearing appellant filed in this court its petition for writ of prohibition against the District Judge who made the order appealed from, to restrain its enforcement. We considered that petition and held it to be without merit, in Yellow Motor Co. of St. Louis v. Davis (C. C. A.) 27 F.(2d) 597. We there ruled on the questions that are again presented on this appeal. It is without merit and will be dismissed. Mandate may issue instanter.

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LEWIS, Circuit Judge.

Four petitioners representing themselves as creditors of Yellow Motor Company asked the court below to adjudge it bankrupt. It answered that petition admitting some allegations and -denying others. Pending adjudication the petitioning creditors asked the court for an order under section 21a of the Bankruptcy Act (11 USCA § 44[a]) to examine the bankrupt’s officers and others on oath before the referee. The order was entered and bankrupt has appealed.

Before this appeal came on for hearing appellant filed in this court its petition for writ of prohibition against the District Judge who made the order appealed from, to restrain its enforcement. We considered that petition and held it to be without merit, in Yellow Motor Co. of St. Louis v. Davis (C. C. A.) 27 F.(2d) 597. We there ruled on the questions that are again presented on this appeal. It is without merit and will be dismissed. Mandate may issue instanter.

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32 F.2d 1022, 1929 U.S. App. LEXIS 3983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yellow-motor-co-of-st-louis-v-broderick-ca8-1929.

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