Legal Opinion

In re Stevenson

District Court, E.D. North Carolina

Decided April 22, 1899PublishedCited by 8 opinions

In Bankruptcy. In the voluntary bankruptcy of the firm of Stevenson & King, each of the partners claimed to have set apart to him, out of the partnership assets, (there being no individual assets), the personal property exemption allowed by Const. N. C. art. 10, § 1. The referee in bankruptcy, on a hearing, decided in favor of the claim of the bankrupts, and, on exceptions by certain creditors, this decision was certified to the court for review.

1Opinion of the Court

PURNELL, District Judge.

The bankrupts were partners and had; no personal property, except a stock of goods owned by the partnership firm. The only question contested and argued was whether both partners are entitled to the personal property exemptions out of the *790firm assets. The act of congress of July 1, 1898, entitled an “Act to establish a uniform system of bankruptcy” (section 6), provides:

“This act shall not affect the allowance to bankrupts of the exemptions which are prescribed by the state laws in force at the time of the filing of the petition in the state wherein they have had their…

2Cases cited2 opinions

  1. Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
  2. State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886

3Cited by8 opinions

  1. In re RichardDistrict Court, E.D. North Carolina · 1899
  2. In re DuguidDistrict Court, E.D. North Carolina · 1900
  3. In re McCrary Bros.District Court, S.D. Alabama · 1909
  4. In re SteedDistrict Court, E.D. North Carolina · 1901
  5. In re WilsonDistrict Court, E.D. North Carolina · 1900

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