Old Town Bank v. McCormick
Court of Appeals of Maryland
Appeal from an order of the Circuit Court for Harford County (Watters, J.) Each State has within its territorial limits full plenary and exclusive power over the whole subject of bankruptcy and insolvency. It is not derived from grant of any kind but it is a part of its sovereignty. The whole power of the State over bankruptcy, therefore, still remains, except in so far as the power may have been delegated to the Federal government.
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Appeal from an order of the Circuit Court for Harford County (Watters, J.) Each State has within its territorial limits full plenary and exclusive power over the whole subject of bankruptcy and insolvency. It is not derived from grant of any kind but it is a part of its sovereignty. The whole power of the State over bankruptcy, therefore, still remains, except in so far as the power may have been delegated to the Federal government. If the grant by the Constitution alone deprived the States of any part of their power, the result would be that the States would have lost the power to legislate…
1Opinion of the CourtFowler, J.
This is an appeal from the Circuit Court for Harford County.
On the 22nd of May, 1901, the Old Town Bank of Baltimore filed a petition in insolvency against J. Lawrence McCormick and others under the provisions of Art. 47, secs. 22 and 23 of our Code relating to insolvents as amended by the Act of 1896, ch. 446. The defendants each pleaded to the jurisdiction of the Court. Their pleas are identical. The plea- is as follows : “(1.) That this Court has no jurisdiction in these proceedings because the insolvency laws of the State of Maryland have been suspended, superseded or rendered inoperative…
2Cases cited11 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Baldwin v. HaleSupreme Court of the United States · 1864
- Patch v. WhiteSupreme Court of the United States · 1886
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
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