Barrett v. Prince
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the North- . ern District of Illinois. March 30th, 1905, on his voluntary petition filed February 15th, preceding, appellee was adjudged, in the District Court of the Northern District of Illinois, a bankrupt. Between the filing of the petition, and the adjudication, at the suit of one John L. Robson, in the Circuit Court of Cook County, appellee. was arrested on a capias ad respondendum, and held to bail.
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Appeal from the District Court of the United States for the North- . ern District of Illinois. March 30th, 1905, on his voluntary petition filed February 15th, preceding, appellee was adjudged, in the District Court of the Northern District of Illinois, a bankrupt. Between the filing of the petition, and the adjudication, at the suit of one John L. Robson, in the Circuit Court of Cook County, appellee. was arrested on a capias ad respondendum, and held to bail. Subsequent’ to the adjudication of bankruptcy, having been surrendered by his bondsmen in the capias suit to the sheriff, the…
1Opinion of the CourtGrosscup, Circuit Judge
The sole question in this case is whether the cause of action set out in the return is one provable as a claim against appellee in bankruptcy. If it be thus provable, the detention of the petitioner on the capias was unlawful, and the order of the District Court discharging him is not erroneous. Bankr. Act July 1, 1898, c. 541, § 63, 30 Stat. 562 [U. S- Comp. St. T901, p. 3447]; General Orders in Bankruptcy, 30 (89 Fed. xii, 32 C. C. A. xxx).
Though the suit on which the capias was issued was in tort, that alone would not exclude it from claims provable in bankruptcy; for the *304¡tort could have…
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