Miller v. Mackenzie
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The facts are stated in the opinion of the Court. The jurisdiction of the State Court having attached before the adjudication in bankruptcy, cannot be divested except in a clear case. There was no such clear case here. The power of Congress over State proceedings for the collection of debts, is only implied from the express power to legislate upon the subject of bankruptcy.
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Appeal from the Court of Common Pleas. The facts are stated in the opinion of the Court. The jurisdiction of the State Court having attached before the adjudication in bankruptcy, cannot be divested except in a clear case. There was no such clear case here. The power of Congress over State proceedings for the collection of debts, is only implied from the express power to legislate upon the subject of bankruptcy. And the implied power to annul State attachments or other judicial proceedings ought not to be exerted, -where, upon general principles of interpretation, it was not intended. Sturges…
1Opinion of the CourtBowin, J.
On the 4th of November, 18*74, the appellant sued out of the Court of Common Pleas, an attachment as mesne process, against Gr. N. Mackenzie, C. B. Mackenzie and C. T. Mackenzie, partners in trade, which was returned by the sheriff, “ laid as per schedule.” The defendants at. January Term, 18*75, moved to quash the attachment, for various reasons assigned, and afterwards on the 21st of *409May, 1875, filed a special plea, alleging that the defen'dants were duly adjudicated bankrupts upon the 5th of December, 1874, upon the petition of their creditors, filed the 25th of November, 1874; that after…
2Cited by9 opinions
- Deford v. HewlettCourt of Appeals of Maryland · 1878
- In re LilienthalCourt of Appeals for the Ninth Circuit · 1919
- International Shoe Co. v. RubinsCourt of Appeals for the Seventh Circuit · 1934
- Allen v. CheeverSupreme Court of New Hampshire · 1881
- In re ClappDistrict Court, D. Massachusetts · 1876
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