Pelton v. Sheridan
Oregon Supreme Court
From Douglas: Me. James W. Hamilton, Judge. Statement by Mr. Justice Mooee. This is an appeal by a trustee in bankruptcy from a part of-a judgment.
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From Douglas: Me. James W. Hamilton, Judge. Statement by Mr. Justice Mooee. This is an appeal by a trustee in bankruptcy from a part of-a judgment. The facts are that, an action having been commenced in the Circuit Court of the State of Oregon for Douglas County by J. E. Pelton against T. R. Sheridan to recover the amounts of two promissory notes executed by the defendant, a writ of attachment was issued and duly levied upon Sheridan’s real property situate in that county, creating a lien on the premises March 19, 1913. Pursuant to the provisions of our statute, entitled “An act to secure…
1Opinion of the CourtJustice Moore
1. The act of Congress of July 1, 1898, regulating the practice and precedure in such cases, contains clauses as follows:.
“Acts of bankruptcy by a person shall consist of his having * * made a general assignment for the benefit of his creditors”: Chapter 3, § 3, subd. 4, Bankrupt Act (U. S. Comp. Stats. 1913, § 9587,1 Fed Stats. Ann., pp. 538, 542).
The statute of this state, hereinbefore referred to, contains a clause which reads:
“No general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors shall be valid unless it be made for the benefit…
2Cases cited13 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Mayer v. HellmanSupreme Court of the United States · 1876
- Boese v. KingSupreme Court of the United States · 1883
- Tua v. CarriereSupreme Court of the United States · 1886
- In re SieversDistrict Court, E.D. Missouri · 1899
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3Cited by8 opinions
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- In re BridgeDistrict Court, W.D. Washington · 1916
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