Ross v. Whipple
Supreme Court of Rhode Island
Motion to stay execution. A. Houghton and C. J. Allton, copartners, as Houghton & Allton, brought an action against F. W. Whipple, May 8, 1876, in the Court of Common Pleas, Providence County, the writ being served by attachment on that day.
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Motion to stay execution. A. Houghton and C. J. Allton, copartners, as Houghton & Allton, brought an action against F. W. Whipple, May 8, 1876, in the Court of Common Pleas, Providence County, the writ being served by attachment on that day. Final judgment against Whipple was rendered on appeal in this court, at its October Term, 1876, and execution issued and was levied on the attached property, which the sheriff advertised for sale, to be sold February 5, 1877. June 26, 1876, a petition in bankruptcy against said Whipple was filed in the United States District Court for the Rhode Island…
1Opinion of the CourtDubfee, C. J.
This petition, though preferred in this court, is ancillary to a petition in bankruptcy pending in the United States District Court. It would seem to be the more correct, in point of practice, to bring the principal and ancillary petitions both in the same court. The bankruptcy court knows better than we the requirements of its proceeding, and is, therefore, better qualified to judge to what extent the ancillary proceeding should be carried. We understand tbe petitioners came to this court because they supposed a resort to this court was required by the decision in Chapin v. James, ante, p.…
2Cases cited2 opinions
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