Barnstable Savings Bank v. Higgins
Massachusetts Supreme Judicial Court
Contract on a promissory note. Writ dated June 30, 1875. On the same day the property of the first named defendant was attached. On January 8, 1876, he was adjudged a bankrupt, and on August 3, 1876, obtained his discharge.
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Contract on a promissory note. Writ dated June 30, 1875. On the same day the property of the first named defendant was attached. On January 8, 1876, he was adjudged a bankrupt, and on August 3, 1876, obtained his discharge. On July 21, 1876, the attachment was dissolved by a bond, signed by Higgins as principal, and Calvin Snow and Franklin Gould as sureties, containing, in accordance with the provisions of the St. of 1875, c. 68, § 2, a condition obliging the sureties to pay to the plaintiff the amount of" any special judgment. In the Superior Court, at October term 1877, the plaintiff filed…
1Opinion of the CourtGray, C. J.
An attachment on mesne process, made more than four months before the commencement of proceedings in bankruptcy, creates a lien on the property attached, which is preserved by the bankrupt act; and the court in which the action is pending may award such judgment and execution as are necessary to give effect to this lien, and as are authorized by the laws *116of the Commonwealth, and not expressly or by implication prohibited by the act of Congress. U. S. Rev. Sts. § 5044. Doe v. Childress, 21 Wall. 642. The court may therefore, after the defendant has obtained a certificate of discharge in…
2Cases cited7 opinions
- Doe v. ChildressSupreme Court of the United States · 1875
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Hamilton v. BryantMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Hill v. HardingSupreme Court of the United States · 1889
- Smith v. LaceyMississippi Supreme Court · 1905
- Denny v. MerrifieldMassachusetts Supreme Judicial Court · 1880