In re Walker
District Court, D. Massachusetts
This petition for a writ of habeas corpus set out that the petitioner [William A. Walker], was arrested on mesne process at the suit of a creditor, in January last, and became bankrupt on the first day of February, but was still held in custody by the sheriff, and prayed for his discharge under section 20 of the act.
1Opinion of the Court
LOWELL, District Judge.
I have before decided the question raised in this case, but have reviewed the arguments on the subject in the hope that I might reach a different conclusion, but am constrained to adhere to the opinion that the bankrupt act does not relieve from arrest debtors who were in custody before the proceedings in bankruptcy were begun. By the terms of section 26 no bankrupt shall be liable to arrest “during the pendency of the proceedings in bankruptcy,” which certainly appears to mean that arrests already consummated are not to be interfered with. If it had been the intent of…
2Cited by3 opinions
- People ex rel. Taranto v. ErlangerDistrict Court, S.D. New York · 1904
- Hussey v. DanforthSupreme Judicial Court of Maine · 1884
- Brandon National Bank v. HatchSupreme Court of New Hampshire · 1876