United States Supreme Court
308 U.S. 433 (1940)
Feuerstein (defendant) foreclosed on Ernest Kalb’s (plaintiff) Wisconsin farm. The foreclosure action occurred in Wisconsin county court. The county court entered a judgment of foreclosure, and the sheriff sold the property to Feuerstein. Kalb then filed for relief under the Bankruptcy Act. While Kalb’s bankruptcy petition was still pending in federal court, the Wisconsin county court granted Feuerstein’s motion to confirm the sheriff’s sale. Kalb did not seek a stay in any court. Subsequently, the sheriff ejected Kalb from the farm. After being ejected from his home, Kalb filed suit in state court against Feuerstein seeking cancellation of the sheriff’s foreclosure sale and to remove Feuerstein from the premises. The trial court dismissed Kalb’s complaint for failure to state a claim. Kalb appealed. The Supreme Court of Wisconsin affirmed, holding that Kalb’s petition under the Bankruptcy Act did not automatically create a stay of the state foreclosure action. The United States Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Black, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.