Salmon v. Pierson
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city, sitting in Insolvency. In this case the auditor allowed the claim of the appellee against the insolvent estate of Boon. The trustee excepted, on the ground that if there be any claim whatever on the part of Pierson, it is one arising after the application of Boon for the'benefit of the insolvent laws. Testimony was taken, and this exception was overruled by the court, (Marshall, J.,) and the claim allowed.
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Appeal from the Court of Common Pleas for Baltimore city, sitting in Insolvency. In this case the auditor allowed the claim of the appellee against the insolvent estate of Boon. The trustee excepted, on the ground that if there be any claim whatever on the part of Pierson, it is one arising after the application of Boon for the'benefit of the insolvent laws. Testimony was taken, and this exception was overruled by the court, (Marshall, J.,) and the claim allowed. From this order the trustee appealed.
1Opinion of the CourtTuck, J.
The right of appeal from decisions in insolvency is granted, by the act of 1849, ch. 88, only to persons aggrieved by the action of the court below. If the appellant does not come within this designation, the appeal must be dismissed.
The trustee of an insolvent represents the creditors, and may appeal, under the laws upon that subject, where the decision complained of affects the interests of all the creditors, as for example, by diminishing the estate out of Avhich they are to be paid, or where he is defeated in attempts to augment that fund by the recovery of property or money Avhich he…
2Cases cited2 opinions
- Ellicott v. EllicottCourt of Appeals of Maryland · 1833
- Harbaugh v. MooreCourt of Appeals of Maryland · 1840
3Cited by11 opinions
- Lurman v. HubnerCourt of Appeals of Maryland · 1892
- White v. MalcolmCourt of Appeals of Maryland · 1860
- Stewart v. CoddCourt of Appeals of Maryland · 1882
- In re Hodgman's EstateNew York Supreme Court · 1893
- Alberts v. SteinerMichigan Supreme Court · 1926
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