In re Beaver Coal Co.
Court of Appeals for the Ninth Circuit
Petition to Review the Order and Judgment of the District Court of the United States for the District of Oregon. On December IS, 1S90, Alexander H. ICerr, the appellee herein, brought an action in the circuit court of the state of Oregon for Coos county against the Beaver Coal Company to recover $4,093.41, with interest and costs, and on the same day caused a writ of attachment to be issued in said action, and under said writ the sheriff seized certain personal property of…
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Petition to Review the Order and Judgment of the District Court of the United States for the District of Oregon. On December IS, 1S90, Alexander H. ICerr, the appellee herein, brought an action in the circuit court of the state of Oregon for Coos county against the Beaver Coal Company to recover $4,093.41, with interest and costs, and on the same day caused a writ of attachment to be issued in said action, and under said writ the sheriff seized certain personal property of the defendant in the action. On Hay 19, 19G0, judgment was duly rendered in favor of the plaintiff for $4,233.66 and…
1Opinion of the CourtGilbert, Circuit Judge
The attachment was issued and levied more than four months prior to the institution of the proceedings in bankruptcy, but the judgment was made and entered within less than four months prior to such proceedings. The question presented on the appeal is whether the appellee’s lien was dissolved by the proceedings in bankruptcy, by virtue of section 6yi of the bankruptcy act, which provides as follows:
“That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in…
2Cases cited3 opinions
- In re BlairDistrict Court, D. Massachusetts · 1901
- In re LesserDistrict Court, S.D. New York · 1901
- In re JohnsonDistrict Court, D. Vermont · 1901
3Cited by16 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- In re Jersey Island Packing Co.Court of Appeals for the Ninth Circuit · 1905
- Morris W. Haft & Bros. v. WellsCourt of Appeals for the Tenth Circuit · 1937
- Jackson v. Valley Tie & Lumber Co.Supreme Court of Virginia · 1908
- Sparks v. BucknerCalifornia Court of Appeal · 1936
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