Legal Opinion

Usher v. Pease

Massachusetts Supreme Judicial Court

Decided January 6, 1875PublishedCited by 2 opinions

Contract by the United States marshal against the sureties on a bail bond, reciting that a warrant had issued out of the District Court of the United States for the district of Massachusetts, for the arrest of Washington Graves.

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Contract by the United States marshal against the sureties on a bail bond, reciting that a warrant had issued out of the District Court of the United States for the district of Massachusetts, for the arrest of Washington Graves. The condition was that Graves should “ appear before said court, at such times as shall by said court be required, until the decision of said court upon the petition in bankruptcy filed against said Graves, in said court, and until the further order of the court.” The declaration alleged as a breach that Graves did not, when ordered by said court, appear before I. F.…

1Opinion of the CourtGray, C. J.

The 40th section of the bankrupt act relates to the preliminary proceedings upon the petition of a creditor to have his debtor adjudged a bankrupt; authorizes the court, on the filing of such a petition, to issue an order of notice to the debtor (to be served on him personally or by publication as therein directed) to appear, at the time specified in the order, to show cause why the prayer of the petition should not be granted; and also an injunction to restrain the debtor and any other person, in the mean time, from making any transfer or disposition of the debtor’s property; and, if there…

2Cited by2 opinions

  1. In re LipkeDistrict Court, S.D. New York · 1900
  2. In re HaleDistrict Court, S.D. New York · 1878

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