Smith v. Kinney
Nebraska Supreme Court
Error from the district court of Colfax county. Tried below before Post, J. The facts of the case appear in the opinion. If the defendant had the right under the statute of the United States to hold this land as exempt from sale on execution, or otherwise, for the reasons claimed, he has waived that right by not making his claim before judgment and order of sale.
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Error from the district court of Colfax county. Tried below before Post, J. The facts of the case appear in the opinion. If the defendant had the right under the statute of the United States to hold this land as exempt from sale on execution, or otherwise, for the reasons claimed, he has waived that right by not making his claim before judgment and order of sale. Rector v. Rotten, and cases there cited, 3 Neb., 171. It is claimed that because the bankrupt proceedings were commenced before the attachment was levied upon the land the district court did not have jurisdiction to render the…
1Opinion of the CourtGantt, J.
On the the twelfth day of April, 1876, the defendant made application to the district court of the United States, for the northern district of the State of Illinois, to be discharged as a bankrupt, and for a certificate of discharge from all his debts provable under the act of congress establishing a uniform system of bankruptcy. On the fifth day of October, 1876, he was by the order and decree of that court forever discharged from all debts and claims provable against his estate which existed on the twelfth day of April, 1876. During the pendency of these proceedings in bankruptcy, the…
2Cases cited7 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Johnson v. FitzhughNew York Court of Chancery · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cavanaugh v. FenleySupreme Court of Minnesota · 1905
- Morris v. LevinAppellate Court of Illinois · 1939
- Wells v. EdmisonSupreme Court Of The Territory Of Dakota · 1885