Wolf v. Stix
Supreme Court of the United States
• On the 8th of December, 1866, Louis Stix & Co. commenced a suit in the Chancery Court of Shelby County, Tennessee, against Marks, Pump, & Co. and M. Wolf, to recover a debt owing by Marks, Pump, & Co., and to set aside a sale of goods by the latter firm to Wolf, on the ground, as alleged, that it had been made to defraud creditors. In accordance with the practice in that State, a writ of attachment was sued out and levied upon the goods in the possession of Wolf.
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• On the 8th of December, 1866, Louis Stix & Co. commenced a suit in the Chancery Court of Shelby County, Tennessee, against Marks, Pump, & Co. and M. Wolf, to recover a debt owing by Marks, Pump, & Co., and to set aside a sale of goods by the latter firm to Wolf, on the ground, as alleged, that it had been made to defraud creditors. In accordance with the practice in that State, a writ of attachment was sued out and levied upon the goods in the possession of Wolf. The Code of Tennessee provides that (sect. 3509) “ the defendant to an attachment suit may always replevy the property attached…
1Opinion of the CourtChief Justice Waite
This cause may be considered as supplementary to that of Wolf v. Stix, 96 U. S. 541. It is in fact the suit in chancery referred to in the opinion in that case as furnishing the complainants an appropriate remedy for enforcing their rights growing out of the discharge of Wrolf in bankruptcy during the pendency of the original 'cause on appeal in. the Supreme Court, and before the final judgment as rendered in that court. In addition to Anderson v. Reaves, cited in the argument of the other case, we are now referred to the following cases as establishing the same practice: Ward v. Tunstall, 58…
2Cases cited4 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Riggin v. MagwireSupreme Court of the United States · 1873
- Wolf v. StixSupreme Court of the United States · 1878
- Bounds v. BoundsTennessee Supreme Court · 1872
3Cited by55 opinions
- Upshur v. BriscoeSupreme Court of the United States · 1891
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Hill v. HardingSupreme Court of the United States · 1889
- Brown v. BuchananDistrict Court, E.D. Virginia · 1975
- Noble v. HammondSupreme Court of the United States · 1889
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