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No. 8762203
United States Court of Appeals for the Ninth Circuit
In re San Gabriel Sanatorium Co.
No. 8762203 · Decided October 14, 1901
No. 8762203·Ninth Circuit · 1901·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 14, 1901
Citation
No. 8762203
Disposition
See opinion text.
Full Opinion
PER CURIAM. In this case the district court for the Southern district of California granted leave to a mortgagee to make a trustee in bankruptcy a party defendant to foreclosure proceedings in the state court. The court also denied the petition of the trustee for an injunction to restrain the foreclosure proceedings in the state court. On a petition to this court for a review of the proceedings in the district court, the orders were reversed'. In re San Gabriel Sanatorium Co., 42 C. C. A. 369 , 102 Fed. 310 . Before further proceedings were taken in the district court the supreme court of the United States decided the case of Bardes v. Bank, 178 U. S. 524 , 20 Sup. Ct. 1000, 44 L. Ed. 1175 . A rehearing was thereupon granted in this case. *893 Under the construction placed upon the bankrupt act by the supreme court, the district court was right in granting leave to the mortgagee to make the trustee in bankruptcy a party defendant to_ the foreclosure proceedings in the state court. It was also right in denying the petition of the trustee for an injunction to restrain the foreclosure proceedings in the state court. The orders of the district court are therefore affirmed.
Plain English Summary
In this case the district court for the Southern district of California granted leave to a mortgagee to make a trustee in bankruptcy a party defendant to foreclosure proceedings in the state court.
Key Points
01In this case the district court for the Southern district of California granted leave to a mortgagee to make a trustee in bankruptcy a party defendant to foreclosure proceedings in the state court.
02The court also denied the petition of the trustee for an injunction to restrain the foreclosure proceedings in the state court.
03On a petition to this court for a review of the proceedings in the district court, the orders were reversed'.
04Before further proceedings were taken in the district court the supreme court of the United States decided the case of Bardes v.
Frequently Asked Questions
In this case the district court for the Southern district of California granted leave to a mortgagee to make a trustee in bankruptcy a party defendant to foreclosure proceedings in the state court.
FlawCheck shows no negative treatment for In re San Gabriel Sanatorium Co. in the current circuit citation data.
This case was decided on October 14, 1901.
Use the citation No. 8762203 and verify it against the official reporter before filing.