Bissell v. Post
Supreme Court of Connecticut
WRIT of error. This was an action of trespass guare clausum fregit against Post, brought originally before Leonard A. La-throfi, Esq. a justice of the peace. The writ was dated and served on the 28th of June, 1804. ' The defendant pleaded title, as lessee of Daniel Wal-rous, assignee of John Wass, a bankrupt under the laws of the United States.
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WRIT of error. This was an action of trespass guare clausum fregit against Post, brought originally before Leonard A. La-throfi, Esq. a justice of the peace. The writ was dated and served on the 28th of June, 1804. ' The defendant pleaded title, as lessee of Daniel Wal-rous, assignee of John Wass, a bankrupt under the laws of the United States. The plea was recorded, and the process and record certified up, according to the provisions of the statute.(a) In the superior court, the plaintiffs replied, that be* fore any act or pretended act of bankruptcy was committed, they, being bond fide…
1Opinion of the Court
By the Court.
The judgment of the superior court Is affirmed, because it appears by the record, that the *84plaintiffs were creditors of Wass, the bankrupt, at the £™e 'of issuing the commission against him; and, as such, *85might have opposed the proceedings in their commencement, or in any subsequent stage. If dissatisfied, their *86only mode of relief is given in the 52d section of the u Act to establish a uniform system of bankruptcy," *87See thé case of Barstow v. Adams, and the reasons thefe assigned on this poiut.(a)
Judgment affirmed.
Üpon the whole, if the jury are of opinion, upon the points…
2Cited by1 opinion
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