In re Roberts
Supreme Judicial Court of Maine
The case is stated in the opinion. The authority to annul and vacate proceedings in insolvency, has been exercised by the court in Massachusetts under similar statutory provisions.
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The case is stated in the opinion. The authority to annul and vacate proceedings in insolvency, has been exercised by the court in Massachusetts under similar statutory provisions. Thompson v. Thompson, 4 Cush. 127 ; Buck v. Soples, 9 Met. 459; Cheshire Iron Works v. Gay, ■ 3 Gray, 531; Glafiin v. Beach, 4 Met. 392 ; Dearborn v. Keith, 5 Cush. 224; Phillips v. Parker, 2 Cush. 175; Kimball v. Morris, 2 Met. 580. I contend that one condition in proceedings in invitum is that the debts due the petitioning creditors, shall amount to more than ■ one-fourth the debts provable against the debtor.…
1Opinion of the CourtAppletox, C. J.
This is a petition under c. 74, § 11, of the acts of 1878.
The petitioner was adjudged an insolvent debtor, upon the petition in due form of certain creditors, alleging their belief, that their aggregate debts amounted to more than one-fourth of the debts provable against the debtor.
The judge of insolvency adjudged that the allegations in the petition were true. The statute notice was given the debtor by leaving it at his residence. He failed to appear at the time designated for a hearing, and was adjudged an insolvent debtor. A meeting of creditors was had, and an assignee appointed. Ho now'…
2Cases cited3 opinions
- In re LaceyU.S. Circuit Court for the District of Connecticut · 1874
- In re FunkensteinDistrict Court, D. California · 1876
- In re MannU.S. Circuit Court for the District of Northern New York · 1876