The National Bankruptcy Register Reports: Containing All the Important Bankruptcy Decisions in the United States, Volume 6William A. Shinn J.R. McDivitt, 1874 - Bankruptcy |
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Page 8
... consideration , and must , in the judgment of the court , be determined by a suit in equity or an action at law , as the case may be ; and where an action Smith v . Mason . at law is the proper 8 30 NATIONAL BANKRUPTCY REGISTER .
... consideration , and must , in the judgment of the court , be determined by a suit in equity or an action at law , as the case may be ; and where an action Smith v . Mason . at law is the proper 8 30 NATIONAL BANKRUPTCY REGISTER .
Page 9
... proper remedy the parties are entitled to a trial by jury if the value in controversy shall exceed twenty dollars . Concurrent jurisdiction in such cases , it must be conceded , is vested in the circuit and district courts , and it is ...
... proper remedy the parties are entitled to a trial by jury if the value in controversy shall exceed twenty dollars . Concurrent jurisdiction in such cases , it must be conceded , is vested in the circuit and district courts , and it is ...
Page 20
... proper to say that to justify the granting of such relief the case should be one of unquestion- able mistake , and evincing perfect good faith , and should be meritorious ; and even then to grant such relief is going to the extreme ...
... proper to say that to justify the granting of such relief the case should be one of unquestion- able mistake , and evincing perfect good faith , and should be meritorious ; and even then to grant such relief is going to the extreme ...
Page 25
... proper legal process for effecting the result must follow by necessary implication . The property levied on in this case is part of the assets of the bankrupt . It may be subject to a lien , but the legal title to the property was in ...
... proper legal process for effecting the result must follow by necessary implication . The property levied on in this case is part of the assets of the bankrupt . It may be subject to a lien , but the legal title to the property was in ...
Page 32
... proper construction of the bankrupt act , and upon the weight of authority , I hold that the court had jurisdiction to issue the writ . The prayer of the petition is therefore denied with costs . Opinion of FIELD J. , on petition for ...
... proper construction of the bankrupt act , and upon the weight of authority , I hold that the court had jurisdiction to issue the writ . The prayer of the petition is therefore denied with costs . Opinion of FIELD J. , on petition for ...
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Common terms and phrases
act of bankruptcy act of eighteen action adjudged a bankrupt alleged amount appear application appointed assets assignee in bankruptcy attorney bank bankrupt act bankrupt court bankrupt law bill cents Chattanooga circuit court claim clause commenced commercial paper congress Connecticut conveyance corporation court of equity debt debtor decree deed defendant discharge district court eighteen hundred equity Erie Railroad execution fact filed fourteen days fraud fraudulent Hartford and Erie held Hudson county hundred and seventy hundred and seventy-one hundred dollars injunction insolvent Jay Cooke judge judgment jurisdiction lien ment mortgage paid parties payment person petitioner plaintiff preference proceedings in bankruptcy proceeds proof prove provisions question railroad received rupt ruptcy secured creditor set-off sheriff show cause statutes of limitation subpoena suit supreme court suspended thereof thirty-nine thousand dollars tion transfer trustee UNITED STATES DISTRICT valid void
Popular passages
Page 121 - But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant...
Page 12 - That nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women, or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the provisions of the second and fifth sections of this act.
Page 288 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 597 - ... the court shall have power to deal with the costs of incompetent, immaterial or irrelevant depositions, or parts of them, as may be just.
Page 422 - ... to appear and show cause why the prayer of the petition should not be granted...
Page 135 - ... give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Page 268 - ... for -all debts which shall be due and owing by the company at the time of its dissolution, the persons then composing such company shall be individually responsible to the extent of their respective shares of stock in the said company, and no further...
Page 25 - And the jurisdiction hereby conferred shall extend to all cases and controversies arising between the bankrupt and any creditor or creditors, who shall claim any debt or demand under the bankruptcy; to the collection of all the assets of the bankrupt; to the ascertainment and liquidation of the liens and other specific claims thereon...
Page 407 - ... of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting interests of all parties; and to the marshaling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the creditors...
Page 382 - ... made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act...