Spensley v. Theodore Ebert & Co.

(after stating the facts as above).

The precise legal question which confronts us may be stated thus: May a court of bankruptcy enjoin, in a summary! proceeding, a creditor’s enforcement of a garnishment judgment against a debtor of the bankrupt (debtor) obtained in an Illinois state court two days before the filing of the petition in bankruptcy? ' .

We answer the query in the affirmative, basing our conclusion on the decision of the court in In re Ransford, 194 F. 658, and upon the reasons which support that decision.

We agree with counsel for appellant that the existence and character of a…