In re Damon
Supreme Judicial Court of Maine
On exceptions. On December 9, 1878, the judge of the court of insolvency, on application of the creditors of the appellant, issued a warrant for taking possession of the appellant’s estate in accordance with the provisions of Stat. 1878, c. 74, §§ 14, 15. The warrant was made returnable December 24, 1878, and ordered the appellant to then appear.
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On exceptions. On December 9, 1878, the judge of the court of insolvency, on application of the creditors of the appellant, issued a warrant for taking possession of the appellant’s estate in accordance with the provisions of Stat. 1878, c. 74, §§ 14, 15. The warrant was made returnable December 24, 1878, and ordered the appellant to then appear. On return day Damon appeared before the court of insolvency, resisted the prayer of the application, and filed a motion alleging, in substance, that he was adjudged an insolvent on December 9, 1878, on the petition of his creditors and without any…
1Opinion of the CourtAppleton, C. J.
The insolvent law of this state, c. 74 of the acts of 1878, was enacted while the bankrupt law of the United States was in full operation. The proceedings in the case before us are under the insolvent law of this State, and were commenced since the repeal of the bankrupt law.
I. It is objected that the statute of this state is unconstitutional and void because enacted while the bankrupt act of the United States was in full force.
It is provided by section eight of the first article of the constitution of the United States that “ congress shall have- power . . to establish . . ' uniform laws on…
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- Geery's Appeal from ProbateSupreme Court of Connecticut · 1876
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3Cited by1 opinion
- Harbaugh v. CostelloIllinois Supreme Court · 1900