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IN RE KIMMEL

28 F.Supp. 942 (1939)

In re KIMMEL.

District Court, S. D. New York.

May 24, 1939.

Attorney(s) appearing for the Case

Schatz, Holober & Phillips, of New York City (Charles Holober, of New York City, of counsel), for bankrupt.

Arthur L. Newman, II, of New York City (Herbert E. Kaufman, of New York City, of counsel), for judgment creditor.

CLANCY, District Judge.

This is a motion to vacate a stay of the collection of a judgment entered in the Municipal Court against the bankrupt.

The complaint in the Municipal Court was endorsed on the summons and stated an action for conversion. On the face of the summons was a claim that the defendant was liable to arrest. Defendant, the bankrupt, defaulted. The judgment was entered according to the recitals on its face upon an inquest taken before the Clerk...

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