Rollins v. Green & Hawkins

Opinion by

Judge Coeer:

The adjudication in bankruptcy did not oust the state court of its jurisdiction already acquired to inquire whether Rollins had committed an act within the statute known as the act of 1856 (Linthicum v. Fenley, 11 Bush 131), and especially so when the assignee asserts no claim to the property in litigation in the state court.

The only effect the adjudication could have in such a case would be to protect the bankrupt against a personal judgment, but that is not assigned as error and cannot be considered. Both the judgment and assignment of errors show that there was…