Linn v. Smith
U.S. Circuit Court for the District of Eastern Michigan
[Appeal from the district court of the United States for the Eastern district of Michi.gan.] [In the matter of Alexander B. Linn and others against Loring M. Smith.]
1Opinion of the Court
EMMONS, Circuit Judge.
The act of bankruptcy having been traversed, the matter was tried before a jury in the district court, before his honor, Judge Withey. Two objections are argued in this court: (1) That the petition alleged a debt which was due and payable, and there was a variance between it and the evidence. (2) That as the debt was not due when the petition was filed it ■cannot be sustained. The 39th section of the act [of 1867 (14 Stat. 536)], provides that creditors whose debts are provable under the act may petition, and section 19 authorizes debts not due to be proved. The 32d…
2Cases cited4 opinions
- Galloway v. HolmesMichigan Supreme Court · 1844
- Hale v. ChandlerMichigan Supreme Court · 1855
- Wingate v. SmithSupreme Judicial Court of Maine · 1841
- Cross v. McMakenMichigan Supreme Court · 1869