Fisk v. Montgomery

This suit was brought in June, 1806, to compel the defendant “ to make a new surrender of his property for the benefit of his creditors according to lawwas put at issue, and when called for trial on sixth November, 1867, the defendant pleaded the peremptory exception that Congress having adopted a general bankrupt law, the insolvent laws of this State are thereby superseded and no State law now exists to sustain the action. This exception was maintained and the plaintiff has appealed. He contends that the jurisdiction of the Fifth District Court over the subject matter had fully vested, and…