Phelps v. McDonald
Supreme Court of the United States
This was a bill filed Sept. 8, 1874, by Thomas J. Phelps against, Augustine R. McDonald. By an amendment, William White was made a defendant. It alleges that McDonald was on his petition declared a bankrupt by the District Court of the United States for the Southern District of.
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This was a bill filed Sept. 8, 1874, by Thomas J. Phelps against, Augustine R. McDonald. By an amendment, William White was made a defendant. It alleges that McDonald was on his petition declared a bankrupt by the District Court of the United States for the Southern District of. Ohio, Dec. 10, 1868; that Phelps was appointed assignee, and received, Feb. 12, 1869, in due form the assignment of all the bankrupt’s real and personal estate ; that in the schedule of assets filed by the bankrupt appears this item: “Claim against General Osborne, of U. S. Army, and others, for burning, in January…
1Opinion of the CourtJustice Swayne
delivered the opinion of the court.; This is an appeal in equity from the Supreme Court of the District of Columbia. The case was ‘decided in that court upon a demurrer to the bill and amended bill of the complainant. The demurrer was sustained and the bills were dismissed. The complainant is the appellant, and the action of the court below is brought before us for review.
• The demurrer admits the facts' alleged. The question is only as to their sufficiency to entitle the appellant to the relief which he seeks.. Without reproducing the case in detail as it is in the record, we shall address…
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