In re Bayly
U.S. Circuit Court for the District of Louisiana
[Petition for review of a decision by the district court of the United States for the district of Louisiana.] In bankruptcy. On petition of review of Paul Fourehey. The case was this: On March 2, 1876, Bayly & Pond, a commercial firm in the city of New Orleans, filed in the district court their voluntary petition in bankruptcy, in which they proposed and prayed for a composition with their creditors.
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[Petition for review of a decision by the district court of the United States for the district of Louisiana.] In bankruptcy. On petition of review of Paul Fourehey. The case was this: On March 2, 1876, Bayly & Pond, a commercial firm in the city of New Orleans, filed in the district court their voluntary petition in bankruptcy, in which they proposed and prayed for a composition with their creditors. Notwithstanding the filing of said petition, the petitioner in review, Paul Fourehey, on March 13, 1876, instituted a suit, in the fourth district court of the parish of Orleans, against said…
1Opinion of the Court
WOODS. Circuit Judge.
It is clear that Fourehey was in the first instance properly enjoined from proceeding to enforce the collection of his judgment out of the property of the bankrupts. Bayly & Pond filed their petition in bankruptcy March 2, 1876, in which they prayed for the benefit, of the act to establish a uniform system of bankruptcy throughout the United States, approved March 2, 1867. [14 Stat. 517.] The suit of Fourehey was not. begun until March 13, and judgment was not rendered in his favor until April .10. The property of the bankrupts was by force of the bankrupt act. protected…
2Cases cited3 opinions
- National Mount Wollaston Bank v. PorterMassachusetts Supreme Judicial Court · 1877
- Pierce v. GilkeyMassachusetts Supreme Judicial Court · 1878
- Deford v. HewlettCourt of Appeals of Maryland · 1878
3Cited by2 opinions
- Bidwell v. BidwellSupreme Court of Pennsylvania · 1880
- In re MichelDistrict Court, S.D. New York · 1880