Downer v. Brackett
District Court, D. Vermont
This was a petition for an injunction, stating that the petitioners [Downer and others], being creditors of William F. Spear, a trader, -on the first day of September, 1842, filed their petition in bankruptcy in due form against the said Spear, alleging an act of bankruptcy to have been committed by him on the eighteenth day of August last past, and praying that he might be declared a bankrupt.
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This was a petition for an injunction, stating that the petitioners [Downer and others], being creditors of William F. Spear, a trader, -on the first day of September, 1842, filed their petition in bankruptcy in due form against the said Spear, alleging an act of bankruptcy to have been committed by him on the eighteenth day of August last past, and praying that he might be declared a bankrupt. The petition further stated, that Oharles Brack-ett. and the several other creditors named in the petition, on the fifteenth day of the same. August, sued out writs of attachment against the said…
1Opinion of the Court
PRENTISS, District Judge.
The general question presented in this case is one of much importance, affecting, as its ultimate decision undoubtedly will, to a very considerable extent, the rights and interests of many persons in this state. Viewing it in that light, I have given to the question all the consideration the time afforded me would allow, and have endeavored to form an opinion upon it with a single eye to its merits, and without indulging in any extraneous or irrelevant speculations. I have not allowed myself to be influenced by any considerations arising out of the supposed policy of…
2Cases cited2 opinions
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
- Livingston v. LivingstonNew York Supreme Court · 1805
3Cited by2 opinions
- Peck v. JennessSuperior Court of New Hampshire · 1845
- Vreeland v. BruenSupreme Court of New Jersey · 1847