Legal Opinion

Judd v. Lawrence

Massachusetts Supreme Judicial Court

Decided September 15, 1848PublishedCited by 1 opinion

This was a petition of certain creditors of Arthur Sowerby, an inhabitant of Northampton, setting forth, that, on an application made by him to the commissioner of insolvency, for the benefit of the insolvent laws, a warrant had been issued and a meeting of creditors held, and praying that all further proceedings therein might be stayed, on the ground that Sowerby was an alien, and therefore not within the provisions of the several acts relating to insolvent debtors.

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This was a petition of certain creditors of Arthur Sowerby, an inhabitant of Northampton, setting forth, that, on an application made by him to the commissioner of insolvency, for the benefit of the insolvent laws, a warrant had been issued and a meeting of creditors held, and praying that all further proceedings therein might be stayed, on the ground that Sowerby was an alien, and therefore not within the provisions of the several acts relating to insolvent debtors. The alienage of Sowerby being admitted, the only question submitted to the court was, whether the insolvent laws extended to…

1Opinion of the CourtWilde, J.

This case comes before us on a petition to stay proceedings before the commissioner of insolvency in this county; on the ground that the commissioner has no jurisdiction in the case stated in the petition and admitted by the answer of the respondents.

Arthur Sowerby, who made application to the commissioner, to take the benefit of the insolvent laws, was an alien residing in Northampton, in this county ; and, it is contended on the part of the petitioners, that the insolvent laws do not extend to aliens, and were not so intended by the legislature; and that if they are to be so construed, they…

2Cases cited1 opinion

  1. Storer v. BatsonMassachusetts Supreme Judicial Court · 1812

3Cited by1 opinion

  1. Hubert v. JoseAppellate Division of the Supreme Court of the State of New York · 1912

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