Comegys v. McCord
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Detinue for two receipts, given by one Thomas Barlow, to one John T. Beckley, for certain promissory notes by the plaintiff in error, assignee in bankruptcy, against the defendant in error.
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Error to the Circuit Court of Lowndes. Detinue for two receipts, given by one Thomas Barlow, to one John T. Beckley, for certain promissory notes by the plaintiff in error, assignee in bankruptcy, against the defendant in error. Upon the trial, the plaintiff offered, and read in evidence a transcript from the district court of the United States, held at Tuskaloosa, by which it appeared that J. T. Becldey filed his petition for the benefit of the bankrupt act, on the 4th May, 1842, and in his schedule, as rendered in by him, rendered the two receipts given by Barlow to him, for notes,…
1Opinion of the Court
ORMOND J.
The eighth section of the bankrupt act provides that “no suit at law, or in equity, shall in any case be maintainable, by or against such assignee, or by or against any person claiming an adverse interest, touching the property, or rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall first have accrued.”
Assuming that the suits contemplated by this section, may be maintained by the assignee in bankruptcy, either in the State or federal courts, we think…
2Cited by9 opinions
- Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
- French v. MerrillMassachusetts Supreme Judicial Court · 1882
- Harris v. CollinsSupreme Court of Alabama · 1848
- Paulding v. LeeSupreme Court of Alabama · 1852
- Geisreiter v. SevierSupreme Court of Arkansas · 1878
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