In re Clark
U.S. Circuit Court for the District of Vermont
[Appeal from the district court of the United States for the district of Vermont.] In bankruptcy. One Burton, many months before proceedings were commenced in bankruptcy against [Alanson M.] Clark, had commenced an action in the state court, against the latter, on book account, for $150,000, and therein had attached property of Clark, to be held to satisfy any judgment he might recover in that action.
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[Appeal from the district court of the United States for the district of Vermont.] In bankruptcy. One Burton, many months before proceedings were commenced in bankruptcy against [Alanson M.] Clark, had commenced an action in the state court, against the latter, on book account, for $150,000, and therein had attached property of Clark, to be held to satisfy any judgment he might recover in that action. He had also recovered a judgment for $46,000, against Clark, on a set-off in another action, pending at the same time, and for this judgment he had no security. Clark, becoming greatly…
1Opinion of the Court
WOODRUFF, Circuit Judge.
In the conclusions of the district judge upon the questions of fact, I concur. I shall, therefore,, content myself with stating the questions raised on this appeal, and, very briefly, my conclusions thereon.
It is contended, for the appellant: (1.) That the district court had no power to proceed, summarily, in this case; (2.) that the as-signee is concluded by a former order, which will be hereafter referred to; (3.) that this-proceeding is, in substance, a suit in equity, and an appeal, under the 8th section, is proper; (4.) that it was irregular and erroneous to try…
2Cited by3 opinions
- Bear v. ChaseCourt of Appeals for the Fourth Circuit · 1900
- Lea v. George M. West Co.District Court, E.D. Virginia · 1899
- In re MeadDistrict Court, S.D. New York · 1893