Hibbard v. Henderson
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is a suit by Geo. L. Hibbard against Sarah J. Henderson and the sheriff of Multnomah County to enjoin the sale of real property on execution.
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From Multnomah: John B. Cleland, Judge. This is a suit by Geo. L. Hibbard against Sarah J. Henderson and the sheriff of Multnomah County to enjoin the sale of real property on execution. It is alleged in the complaint that plaintiff, being indebted to the Union Banking Company, an insolvent corporation, in the sum of $662.57, its assignee, F. Hacheny, recovered judgment against him therefor; that thereafter, and in conformity with the provisions of an act of Congress of July 1,1898, plaintiff filed in the United States District Court for the District of Oregon his petition in bankruptcy,…
1Opinion of the CourtChief Justice Moore
The question brought up for review is whether a judgment creditor of a bankrupt can, after the latter’s discharge, levy on and sell his property because of the fraud practiced in securing such release. Congress is authorized to establish uniform laws on the subject of bankruptcies throughout the United States: Constitution United States, Art. I, § 8. And in exercising the power thus conferred, the federal courts have been clothed with exclusive jurisdiction of all proceedings in bankruptcy, as distinguished from independent actions at law or suits in equity : Bardes v. Hawarden Bank, 178 U.…
2Cases cited9 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Bilafsky v. AbrahamMassachusetts Supreme Judicial Court · 1903
- Sheldon v. ParkerNebraska Supreme Court · 1902
- Sutherland v. LasherNew York Supreme Court · 1903
- Falco v. Kaupisch Creamery Co.Oregon Supreme Court · 1903
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3Cited by2 opinions
- Fellman v. Henderson B. L. Assn.New Jersey Court of Chancery · 1936
- First National Bank v. PenningtonOregon Supreme Court · 1928