Bokel, Gwynn, McKenney Co. v. Costello
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintifE from a judgment of the Supreme Court of the District of Columbia, quashing a writ of ca. sa. and discharging the defendant from custody in a proceeding brought by a creditor under §§ 794, 795 D. C. Rev. Stat. charging the defendant with fraudulently conveying his property with intent to hinder or delay the recovery or payment of his debts.
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Hearing on an appeal by tbe plaintifE from a judgment of the Supreme Court of the District of Columbia, quashing a writ of ca. sa. and discharging the defendant from custody in a proceeding brought by a creditor under §§ 794, 795 D. C. Rev. Stat. charging the defendant with fraudulently conveying his property with intent to hinder or delay the recovery or payment of his debts. The Court in the opinion stated the case as follows: This cause, out of which the proceedings now before us have grown, and which shows the remarkable case of a probable expenditure of several hundred dollars to avoid…
1Opinion of the Court
Mr. J ustice Morris
delivered tire opinion of the Court:
We are not advised upon what ground the trial court proceeded in directing a verdict for the defendant in this case; but, of course, it must have assumed that there was no sufficient testimony to go to the jury on the question of the defendant’s intent *86to hinder or delay the recovery or payment of his debts, for the testimony is plainly conclusive that he conveyed away, lessened, and disposed of his property. We are constrained to differ from the learned justice who tried this case in the court below. We think there was ample testimony to…
2Cases cited11 opinions
- Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
- Goodman v. WinelandCourt of Appeals of Maryland · 1884
- Worthington v. BullittCourt of Appeals of Maryland · 1854
- Zimmer v. MillerCourt of Appeals of Maryland · 1885
- Fuller v. J. B. Brewster & Co.Court of Appeals of Maryland · 1880
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