Mehler v. Cornwell
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, in a suit to set aside alleged fraudulent conveyances.
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Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, in a suit to set aside alleged fraudulent conveyances. The Court in its opinion stated the case as follows: The original bill in this cause was filed July io, 1889, in the Supreme Court of the District of Columbia by G. G. Cornwell & Son, to set aside certain conveyances made by their debtors, Solari Bros., of personal property, as well as certain trust deeds thereon, on the ground that they were made to defraud creditors. In addition to the prayer to set aside these…
1Opinion of the CourtJustice Shepard
1. As we have seen, the execution issued upon complainants’ judgment was returned by the marshal, upon the order of their attorney, within thirteen days from its date, and the bill was filed within seven days thereafter. The writ was, upon its face, returnable “within sixty days,” as provided in the rules of the Supreme Court of the District of Columbia in force at that time.
•Defendants’ objection to the jurisdiction is based upon the contention that the right to file a creditor’s bill depends upon the return of an execution nulla bona, on, and not before, the return day thereof, and that…
2Cases cited4 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Union Trust Co. v. Southern Inland Navigation & Improvement Co.Supreme Court of the United States · 1889
- Smith v. GainesSupreme Court of the United States · 1876
- United States v. GomezSupreme Court of the United States · 1863