Jones v. Horsey
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an attachment upon warrant, issued on the 2nd of May 1850, by the appellants, non-resident creditors of Wiggins and McConnekin, trading under the firm of B. F. Wiggins & Co., and laid in the hands of the appellee, Horsey, permanent trustee in insolvency of Wiggins.
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Appeal from Baltimore county court. This was an attachment upon warrant, issued on the 2nd of May 1850, by the appellants, non-resident creditors of Wiggins and McConnekin, trading under the firm of B. F. Wiggins & Co., and laid in the hands of the appellee, Horsey, permanent trustee in insolvency of Wiggins. The plaintiffs’ claim was based upon a judgment recovered by them against Wiggins & Co., in the Circuit Court of the United States for the District of Maryland, on the 7th of April 1847, for $532.82, with interest and costs. The garnishee appeared and plead non assumpsit for the…
1Opinion of the CourtEccleston, J.
The counsel for the appellants contends, that the recommendation of O. Horsey, as the permanent trustee of Wiggins, even if the recommendation had been made by the plaintiffs in person, was not such a recognition of, or assent to, the proceedings in insolvency as could deprive them of *312their right to attach the fund in controversy, they being foreign creditors. He assumes, “that nothing short of taking a dividend under the insolvent laws, can so bring a foreign creditor under the operation of such laws as to affect his debt.” In this we think he is certainly mistaken. He refers to Van Hook vs.…
2Cases cited3 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Van Hook v. WhitlockNew York Supreme Court · 1841
- Twiss v. BaldwinSupreme Court of Connecticut · 1832
3Cited by11 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Lanahan v. LatrobeCourt of Appeals of Maryland · 1854
- Margos v. MoroudasCourt of Appeals of Maryland · 1945
- Brown v. SmartCourt of Appeals of Maryland · 1888
- Houston v. WilcoxCourt of Appeals of Maryland · 1913
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