In re Lyders

Good Law
16 F. Supp. 213·1936 U.S. Dist. LEXIS 1999
United States District Court, Northern District of CaliforniaSeptember 16, 1936No. 26089-SCalifornia828 words

Opinion

Lead Opinion

Sure, J.

The debtor seeks to review an order made by the referee in bankruptcy on February 18, 1936, allowing consolidated claims of Inger Marie Petersen and others, in the sum of $20,000 with interest, as a general claim.

The claim is based upon a judgment of the superior court of the. state of California, in and for the county of San Francisco, in a case wherein Inger Marie Petersen et al. were plaintiffs and debtor was defendant. Upon appeal this judgment was affirmed by the District Court of Appeal for the First Appellate District of the State of California, and rehearing denied. The Supreme Court of the State of California later denied an application for hearing after judgment in said District Court of Appeal. Petersen v. Lyders, 139 Cal.App. 303 , 33 P.(2d) 1030; Id., 139 Cal.App. 307 , 33 P.(2d) 1032. Subsequently a writ of certiorari was denied by the Supreme Court of the United States (Lyders v. Petersen, 294 U.S. 716 , 55 S.Ct. 514 , 79 L.Ed. 1249 ), and rehearing thereon denied (Lyders v. Petersen, 294 U.S. 734 , 55 S.Ct. 635 , 79 L.Ed. 1262 ).

Notwithstanding these adverse rulings, the debtor filed in the bankruptcy court objections to the allowance of the Petersen claim,…

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