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· 3/19/1907

In re Broadway Savings Trust Co.

Citations

  • 152 F. 152
  • 81 C.C.A. 58
  • 1907 U.S. App. LEXIS 4255

Syllabus

<p>1. Bankruptcy — Jurisdictional Fact — Pursuit in Whioh Corporation is Engaged is Not.</p> <p>Neither the allegation nor the fact that a corporation is engaged principally in manufacturing; trading, printing, publishing, mining or, mercantile pursuits is jurisdictional in a proceeding in bankruptcy.</p> <p>2. Same — Amended Petition — Defaulting Creditor Not Entitled to Answer.</p> <p>A creditor, who fails to appear or answer a petition in bankruptcy within the time limited therefor by the bankruptcy law, thereby waives all objections to subsequent amendments thereof which do not change the substance of the cause of action there stated nor the extent of the relief there sought, and renounces his right to contest the cause of action of which the original petition gives fair notice.</p> <p>(Syllabus by the Court.)</p>

Judges: Adams, Hook, Sanborn

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