Legal Opinion

Leroux v. Hudson

Supreme Court of the United States

Decided December 10, 1883PublishedCited by 8 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. - Bill in equity to restrain tbe prosecution of an action in tbe State courts of Michigan, against ‘the assignee of a bankrupt and tbe marshal of tbe -Eastern District of Michigan, for entering on tbe premises of Leroux and removing goods claimed by tbe assignee to be the property of tbe bankrupt, and to quiet tbe title to said goods in the assignee.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. - Bill in equity to restrain tbe prosecution of an action in tbe State courts of Michigan, against ‘the assignee of a bankrupt and tbe marshal of tbe -Eastern District of Michigan, for entering on tbe premises of Leroux and removing goods claimed by tbe assignee to be the property of tbe bankrupt, and to quiet tbe title to said goods in the assignee. Tbe material facts were as follows : On tbe 14th of March, 1818, proceedings in involuntary bankruptcy were instituted in tbe District Court of the-United…

1Opinion of the Court

Mr. JTustice Blatchford

delivered the opinion of the court. After reciting the foregoing facts, he said:

This suit divides itself into two branches — the case of The assignee, and that of the marshal and his deputies.. The assignee was not a party to the trespass suit., The, plaintiffs in that suit, abandoning all pursuit of the goods and- all action against the assignee, brought and' continued their suit for damages against the marshal and his deputies. They did not disturb the possession of the goods in’ the assignee, or claim the proceeds of the goods. Although the bill states that the…

2Cases cited3 opinions

  1. Buck v. ColbathSupreme Court of the United States · 1866
  2. Sharpe v. DoyleSupreme Court of the United States · 1881
  3. Ex Parte SchwabSupreme Court of the United States · 1878

3Cited by8 opinions

  1. American Civil Liberties Union of Mississippi, Inc., Plaintiffs v. Cliff Finch, Governor of the State of MississippiCourt of Appeals for the Fifth Circuit · 1981
  2. Pavlov v. ParsonsDistrict Court, S.D. Texas · 1983
  3. Berman v. SmithDistrict Court, N.D. Georgia · 1909
  4. Hilding v. Guarantee Bond & Mortgage Co.District Court, W.D. Michigan · 1927
  5. McLean v. MayoDistrict Court, E.D. North Carolina · 1901

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