Potts v. Smith Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 158, Oct. T., 1903, by plaintiff, from order of O. P. Franklin Co., April T., 1903, No. 150, making absolute rule to set aside execution in case of Challes W. Potts et al. v. Smith Manufacturing Company. Rule to set aside execution.
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Appeal, No. 158, Oct. T., 1903, by plaintiff, from order of O. P. Franklin Co., April T., 1903, No. 150, making absolute rule to set aside execution in case of Challes W. Potts et al. v. Smith Manufacturing Company. Rule to set aside execution. From the record it appeared that the rule was taken by the assignees for creditors of the defendant, under the act of June 4, 1901. It did not appear from the record that either the defendant or any o£ its creditors had applied for the benefit of the federal bankrupt act. Error assigned was order making the rule absolute.
1Opinion of the Court
Opinion by
Henderson, J.,
The appeal in this case raises the question whether the Act of June 4,1901, P. L. 404, relating to insolvency, etc., is suspended by reason of the existence of the act of congress of July 1, 1898, establishing a general law in relation to bankruptcies.
The constitution of the United States gives to congress the power to establish uniform laws on the subject of bankruptcies throughout the United States, and the act of congress of July 1, 1898, was in force at the time of the enactment of the Pennsylvania statute of June 4, 1901. The latter act is substantially a bankrupt…
2Cases cited11 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Patch v. WhiteSupreme Court of the United States · 1886
- Butler v. GoreleySupreme Court of the United States · 1892
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
- Harbaugh v. CostelloIllinois Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- Miller v. JacksonSupreme Court of Pennsylvania · 1907
- Citizens' National Bank v. GassSuperior Court of Pennsylvania · 1905
- Walker v. EmerichSupreme Court of Pennsylvania · 1930
- Closser v. StrawnDistrict Court, W.D. Pennsylvania · 1915
13 more not listed; retrieve them via the Exa API.