Bates v. Tappan
Massachusetts Supreme Judicial Court
Contract on a promissory note. Writ dated March 12, 1867. By the officer’s return, it appeared that on March 14 he attached all the defendant’s real estate in the county of Essex.
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Contract on a promissory note. Writ dated March 12, 1867. By the officer’s return, it appeared that on March 14 he attached all the defendant’s real estate in the county of Essex. The defendant, after filing an answer to the merits, commenced proceedings in bankruptcy on August 26, under the U. S. St. of 1867, c. 176. On December 11 he obtained his discharge in the district court of the United States for the district of Massachusetts; afterwards pleaded the same in bar of the action ; waived trial by jury and his first answer; and submitted the case, on his plea of discharge in bankruptcy,…
1Opinion of the CourtWells, J.
The provision in the bankrupt act, § 14, that an assignment shall be made, and thereupon, by operation of law, the title to all property, real and personal, “ shall vest in said assignee, although the same is then attached on mesne process as the property of the debtor,” would imply that all such attach*378ments are to be thereby vacated. It is a reasonable, not ths necessary, inference. But it is not left to inference. The same sentence continues: “ and shall dissolve any such attachment made within four months next preceding the commencement of said proceedings.” Such explicit terms do not…
2Cited by23 opinions
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- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Harding v. MinearCalifornia Supreme Court · 1880
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