Legal Opinion

In re Mallory

District Court, D. Nevada

Decided April 10, 1871PublishedCited by 3 opinions

Motion to dissolve injunction restraining the sheriff from selling property of the bankrupt [E. Mallory], under judgment obtained in the state court, before the institution of proceedings in bankruptcy. [This case was previously heard upon petition of creditors asking for the removal of R. Y. Dey, assignee. The prayer of the petition was granted. Case No. S,990.]

1Opinion of the Court

HILLYER, District Judge.

On the twenty-third day of October, A. D., 1869, Henry Yansickle obtained a judgment, by confession, against the bankrupt, in the state district court for the county of Douglas. Execution was issued thereon, levied on certain property of the bankrupt, and the sheriff of Douglas county had advertised the property for sale, when, on the fifth day of February, A. D., 1870, Mallory was adjudged a bankrupt in this court, on his own petition. On the same day the bankrupt petitioned this court for an injunction restraining the said sheriff from selling the property levied on,…

2Cited by3 opinions

  1. Blake v. Francis-Valentine Co.District Court, N.D. California · 1898
  2. In re BrownDistrict Court, D. Oregon · 1898
  3. In re KimballDistrict Court, W.D. Pennsylvania · 1899

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