Bartlett v. Russell
U.S. Circuit Court for the District of Colorado
In bankruptcy. This was a petition for review, filed by [Albert E.] Bartlett, as-signee in bankruptcy of Peabody, to reverse an order of the district court, in bankruptcy, in favor of the respondent, [Edward] Rnssell. [Unreported.] The material facts appear in the opinion, orally given, of the circuit justice.
1Opinion of the Court
MILLER, Circuit Justice.
I have given to this case all the consideration I shall have time to give it, and, although there are conflicting authorities upon the subject, I have arrived at a conclusion satisfactory to myself, and will proceed to announce it.
The case is this: The bankrupt was sued In the state court by Edward Russell, who obtained a judgment against him, and fearing that he would probably not make his money otherwise, he obtained an order from the court, and had execution issued and placed in the hands of the sheriff. In about an hour after that was done, the bankrupt filed his…
2Cases cited1 opinion
- Addison v. Crow & JarvisCourt of Appeals of Kentucky · 1837
3Cited by1 opinion
- First State Bank of Crook v. FoxCourt of Appeals for the Eighth Circuit · 1925