In re Comstock
District Court, W.D. Michigan
In bankruptcy. [David B.] Comstock, one of the bankrupts, resisted the petition to have himself and [Van E.] Young declared bankrupts, as to himself, employing Rogers & Clay, attorneys, for that purpose. They appeared, and contested the adjudication prayed for as against Comstock. But the court adjudged the parties bankrupt.
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In bankruptcy. [David B.] Comstock, one of the bankrupts, resisted the petition to have himself and [Van E.] Young declared bankrupts, as to himself, employing Rogers & Clay, attorneys, for that purpose. They appeared, and contested the adjudication prayed for as against Comstock. But the court adjudged the parties bankrupt. Now comes Rogers & Clay, and ask that their services for Com-stock be ordered paid by the assignee, out of assets in his hands, alleging the inability of Comstock to pay, because of his having been obliged to turn over to the assignee in bankruptcy all the company…
1Opinion of the Court
WITHEY, District Judge.
When a party is declared bankrupt in a proceeding in in-vitum, a warrant issues at once to the marshal to take possession of the bankrupt’s property and effects; he is thereby deprived of all control over his estate, save such as is exempt; he is practically without means with which to pay his attorneys for services in defending against the petition. The amount which the bankrupt gets by exemption is, in most cases, trifling, and in no case is it so much but that he or his family are dependent for support on his personal efforts and earnings. Thus, we see, the law takes…
2Cited by1 opinion
- Pratt v. BotheCourt of Appeals for the Sixth Circuit · 1904