Sage v. Heller
Massachusetts Supreme Judicial Court
Petition, under the St. of 1875, c. 33, to vacate a judgment. Trial in the Superior Court, without a jury, before Colburn, J., who allowed a bill of exceptions in substance as follows: Heller brought an action against Sage by writ dated December 22, 1875, and returnable to and entered at April term 1876, of the Superior Court.
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Petition, under the St. of 1875, c. 33, to vacate a judgment. Trial in the Superior Court, without a jury, before Colburn, J., who allowed a bill of exceptions in substance as follows: Heller brought an action against Sage by writ dated December 22, 1875, and returnable to and entered at April term 1876, of the Superior Court. The writ was duly served on Sage, and his property attached on December 22, 1875, and duly sold by the attaching officer, and the proceeds held by him to be taken on execution. No appearance was entered for Sage, and on April 21 a judgment was rendered for Heller for…
1Opinion of the CourtGray, C. J.
An attachment on mesne process creates á lien upon the property attached, and, though made within four .months of the commencement of proceedings in bankruptcy, is mot dissolved by the institution of such proceedings, but only by an assignment to an assignee after an adjudication of bankruptcy. IT. S. Rev. Sts. § 5044. Hampton v. Rouse, 22 Wall. 263. No such adjudication or assignment having been made in this case, the proceedings for a composition under the U. S. St. of June 22, 1874, § 17, did not dissolve the attachment, or affect the right of the attaching creditor, who took no part in…
2Cases cited2 opinions
- Hampton v. RouseSupreme Court of the United States · 1875
- In re ClappDistrict Court, D. Massachusetts · 1876
3Cited by5 opinions
- Kittredge v. OsgoodMassachusetts Supreme Judicial Court · 1894
- Casavant v. BorekaMassachusetts Supreme Judicial Court · 1937
- Denny v. MerrifieldMassachusetts Supreme Judicial Court · 1880
- Cromwell v. GallupNew York Supreme Court · 1879
- Cunningham v. HallSupreme Judicial Court of Maine · 1879