In re Albrecht
District Court, E.D. Michigan
[In bankruptcy. Petition of the assignee in bankruptcy of William Albrecht for an injunction to restrain proceedings in a suit against the bankrupt in a state court.
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[In bankruptcy. Petition of the assignee in bankruptcy of William Albrecht for an injunction to restrain proceedings in a suit against the bankrupt in a state court. Denied. [It appeared that the suit in question was brought by one Seeley against Albrecht, in a circuit court of the state of Michigan, and that a writ of garnishment was issued therein against the bank, as a debtor of Albrecht; that Albrecht obtained the discharge of the garnishment by giving a bond to satisfy the judgment, as required by statute, and drew the money due him from the bank, and deposited it with one Rich as…
1Opinion of the Court
BROWN, District Judge.
This case turns upon the construction given to the several provisions of the bankrupt law with respect to the dissolution of attachments, and the effect of a discharge. [Rev. St] § 5044, enacts, that the assignment of the bankrupt “shall dissolve any attachment made within four months next preceding the commencement of the bankruptcy proceedings.” Section 5106 provides that “no creditor whose *316debt is provable shall be allowed to prosecute to final judgment any suit at law or in equity therefor, against the bankrupt, until the question of the debtor’s discharge shall have…
2Cases cited13 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Brown v. SomervilleCourt of Appeals of Maryland · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown & Brown Coal Co. v. AntezakMichigan Supreme Court · 1910
- R. C. Mahon Co. v. MolinMichigan Supreme Court · 1930
- Smith v. LaceyMississippi Supreme Court · 1905
- Thompson v. One Anchor & Two Anchor ChainsDistrict Court, W.D. Wisconsin · 1915