In re Howes
United States District Court
This was a petition by David Howes, declaring himself .to be unable to meet his debts and engagements, and praying for the benefit of the bankrupt law. The petition was presented and filed March 3, 1843,; and it was moved, that an order of notice to creditors and others be issued thereupon, to show cause why the petitioner should not be declared a bankrupt.
1Opinion of the CourtPrentiss, J.
The act passed at the last session of Congress, repealing the bankrupt law, was approved on the third day of March, and of course the act became a law and took effect as such on that day. As there can be no divisions or fractions of a day in a question of this nature, the act, in construction of law, must be considered as having relation to, and as being in force from, the first moment of the day on which it was approved; and, consequently, the bankrupt law was repealed, and ceased to have any operation, except what is reserved to it by the proviso to the repealing act, from and after the day…
2Cited by8 opinions
- Burgess v. SalmonSupreme Court of the United States · 1878
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- United States v. Ronald L. CassonCourt of Appeals for the D.C. Circuit · 1970
- Texas Co. v. DavisSupreme Court of Georgia · 1924
- United States v. O'NeillU.S. Circuit Court for the District of Eastern Wisconsin · 1884
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