Hazleton v. Valentine
U.S. Circuit Court for the District of Massachusetts
Petition in the nature of a bill in equity, supported by affidavits, by which it appeared that in July. 1866, the petitioner [H. L. Hazle-ton) was arrested in St Johns, New Brunswick, for a debt alleged to be due the respondent, [L. Valentine], both being then and now citizens of Massachusetts; that he gave special bail to the action, and that judgment was afterwards recovered against him for a very considerable sum, and a capias issued, on which the sheriff made due…
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Petition in the nature of a bill in equity, supported by affidavits, by which it appeared that in July. 1866, the petitioner [H. L. Hazle-ton) was arrested in St Johns, New Brunswick, for a debt alleged to be due the respondent, [L. Valentine], both being then and now citizens of Massachusetts; that he gave special bail to the action, and that judgment was afterwards recovered against him for a very considerable sum, and a capias issued, on which the sheriff made due return,- non est inventus; and that afterwards the petitioner went to St. Johns for the purpose of rendering himself or being…
1Opinion of the Court
LOWELL, District Judge,
after saying that a court of equity which had jurisdiction of the subject-matter and of the parties, might enjoin a citizen of this commonwealth and district "from doing unlawful acts out of the district; and that the debt for. which the *943plaintiff was imprisoned was a judgment debt, from which ,his discharge in bankruptcy would release him, proceeded:—
The main question, however, is whether the arrest was made “during the* pendency of the proceedings in bankruptcy,” for it is only to such arrests, even though the debt be dischargeable, that the bankrupt law addresses…
2Cited by1 opinion
- Brandon National Bank v. HatchSupreme Court of New Hampshire · 1876