Scully v. Kirkpatrick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 175. This was an action of debt brought August 14th 1873, in the name of John M. Kirkpatrick to the use of Joseph S. Finch and John W. Painter, trading as Joseph S. Finch & Co., against John D. Scully.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 175. This was an action of debt brought August 14th 1873, in the name of John M. Kirkpatrick to the use of Joseph S. Finch and John W. Painter, trading as Joseph S. Finch & Co., against John D. Scully. The action was on bond, dated May 31st 1873, executed by Abraham Gumberts, and the defendant, as his surety, in the sum of $10,000, conditioned for the appearance of Gumberts, who had been arrested under the Act of July 12th 1842, &c. The circumstances of the case are as follows :— On the 3d…
1Opinion of the CourtJustice Sharswood
In regard to the question presented upon this record on the reserved point in the court below, as to the validity of the warrant of arrest and the proceedings thereon, under the Act of Assembly of July 12th 1842, entitled “ An Act to abolish imprisonment for debt, and to punish fraudulent debtors,” Pamph. L. 334, it was fully considered after two arguments and decided adversely to the plaintiff in error, in re W. C. Barr : opinion filed November 10th 1875. It was then held that the state remedies against fraudulent’ *330debtors are not suspended by the operation of the Bankrupt Act of Congress,…
2Cases cited7 opinions
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