In re Hymes Buggy & Implement Co.
District Court, W.D. Missouri
In Bankruptcy. On questions certified by referee. On the 2d day of May, 1904, Parlin & Orendorff Company brought an action of replevin in the circuit court of Greene county, Mo., against the bankrupt, Hymes Buggy & Implement Company, to recover possession of certain personal property, consisting of rakes, grinders, wagons, buggies, etc., alleged to be of the value of $8,000, covering about 200 items.
Read the full summary
In Bankruptcy. On questions certified by referee. On the 2d day of May, 1904, Parlin & Orendorff Company brought an action of replevin in the circuit court of Greene county, Mo., against the bankrupt, Hymes Buggy & Implement Company, to recover possession of certain personal property, consisting of rakes, grinders, wagons, buggies, etc., alleged to be of the value of $8,000, covering about 200 items. On receiving the writ of replevin, the sheriff on that day went to the storehouse of the bankrupt and took possession by taking the key and locking up the store. This store contained a large…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). The contention of the petitioning claimant is that the property in question was in custodia legis when the receiver in bankruptcy obtained possession under the seizure made by the sheriff in the action of replevin instituted in the state court; and that, as the state court first obtained jurisdiction of the subject-matter in controversy, it was exclusive of any right of the bankrupt court to proceed to administer the property. If the case were to be made to turn upon the question of fact and law as to whether there was an actual seizure and reduction to…
2Cases cited4 opinions
- In re Weinger, Bergman & Co.District Court, S.D. New York · 1903
- Commonwealth v. ContnerSupreme Court of Pennsylvania · 1852
- Weston v. DorrSupreme Judicial Court of Maine · 1845
- In re HaynesDistrict Court, D. Vermont · 1903
3Cited by3 opinions
- Brown Shoe Co. v. McKeyCourt of Appeals for the Seventh Circuit · 1924
- In re I. Shainin & Co.District Court, S.D. New York · 1934
- In re TraunsteinDistrict Court, D. Massachusetts · 1915