Dysart

Dysart v. Von Segerlund

Good Law
118 F.2d 482·1941 U.S. App. LEXIS 4038
United States Court of Appeals for the Ninth CircuitMarch 22, 1941No. 9576California654 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a decree adjudging appellant, Stella Dysart, an ' involuntary bankrupt.

Three petitions were filed against appellant: One (hereafter called the original petition) by Hugo Von Segerlund, Florence Kee Brown and James Berry on January 4, 1940; one (hereafter called the supplemental petition) by Hugo Von Segerlund, Alice Von Segerlund, Silas Whitcomb, John A. Frear and H. D. Nichols on January 24, 1940; and one (hereafter called the amended petition) by Hugo Von Segerlund, Alice Von Segerlund, Florence Kee Brown, Silas Whitcomb and H. D. Nichols on March 25, 1940. Appellant answered each petition and, in each of her answers, prayed that the proceeding be dismissed. Trial by jury having been waived, the court heard the case and, on March 26, 1940, entered its decree adjudging appellant an involuntary bankrupt. This appeal followed.

Section 3 of the Bankruptcy Act, 11 U.S. C.A. § 21, provides:

“a. Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, removed, or permitted to be concealed or removed any part of his property, with intent to hinder, delay, or defraud his creditors or any of them; or (2) transferred, while…

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