Milner v. Meek
Supreme Court of the United States
Appeal from tlie Circuit Court of tbe United States for tbe Southern District of Obio. The case presented by this record is in substance as follows: On the ,17th of November, 1870, Abram A. Moore conveyed certain lands in Clinton County, Ohio, to John Milner, Jr. This conveyance, it is claimed, was made to hinder and delay creditors, and is therefore, as to them, void.
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Appeal from tlie Circuit Court of tbe United States for tbe Southern District of Obio. The case presented by this record is in substance as follows: On the ,17th of November, 1870, Abram A. Moore conveyed certain lands in Clinton County, Ohio, to John Milner, Jr. This conveyance, it is claimed, was made to hinder and delay creditors, and is therefore, as to them, void. Dec. 20, 1870, C. M. Walker commenced suit against Moore in the Court of Common Pleas of Clinton County, upon a contract made June 28, 1870; and at the same time caused an order of attachment to be issued under the laws of…
1Opinion of the CourtChief Justice Waite
The validity of the first objection to this -appeal depends upon whether the proceeding in the District Court is to be treated as a suit in equity or as part of the suit in bankruptcy. If the former, the appeal lies; but if the latter, it does not.,
The pleading filed by the assignee was appropriate in form for a petition in the bankrupt suit, but it was equally good in substance as a bill in equity. It contained a complete statement of a cause of action cognizable in equity, and a sufficient prayer for relief. There was .no formal prayer for a subpoena, but process was issued and served. All…
2Cases cited2 opinions
- Stickney v. WiltSupreme Court of the United States · 1874
- Dromgoole v. Farmers'and Merchants'bankSupreme Court of the United States · 1844
3Cited by18 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1891
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- In re BaudouineCourt of Appeals for the Second Circuit · 1900
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