Walker v. Miller
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United Stales for the District of Kansas. At Law. Action to recover damages for wrongful attachment, brought by Charles R. Miller against Richard L. Walker and the sureties on Ms official bond as United States marshal for the district of Kansas; said sureties being George R. Peck, Lyman U. Humphrey, and Orrin E. Walker. A jury was waived by stipulation in writing. Findings by the court and judgment in favor of plaintiff.
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In Error to the Circuit Court of the United Stales for the District of Kansas. At Law. Action to recover damages for wrongful attachment, brought by Charles R. Miller against Richard L. Walker and the sureties on Ms official bond as United States marshal for the district of Kansas; said sureties being George R. Peck, Lyman U. Humphrey, and Orrin E. Walker. A jury was waived by stipulation in writing. Findings by the court and judgment in favor of plaintiff. Defendants bring error.
1Opinion of the Court
THAYER, District Judge.
This writ; of error was brought mainly for the purpose of presenting the question whether a business corporation, when it becomes insolvent, thereafter holds all of its property *870in trust for equal distribution among its creditors, and is deprived of the common-law power of preferring creditors, which individuals ordinarily possess. But the record fails to present the question in such form that it can properly be determined. The case was tried before the circuit court on a written stipulation waiving a jury, and there was a special finding of facts. No exceptions were…
2Cases cited11 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Norris v. JacksonSupreme Court of the United States · 1870
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Martinton v. FairbanksSupreme Court of the United States · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mercantile Trust Co. v. WoodCourt of Appeals for the Eighth Circuit · 1894
- Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
- Barnard v. RandleCourt of Appeals for the Eighth Circuit · 1901
- York v. WashburnCourt of Appeals for the Eighth Circuit · 1904
- Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894
17 more not listed; retrieve them via the Exa API.