Mixer, Whitman & Co. v. Excelsior Oil & Guano Co.
Supreme Court of North Carolina
Motion to dissolve an attachment under the Bankrupt Act of Congress heard before Watts, J., at Spring Term, 1871, of Craven Superior Court. The defendant is a foreign corporation created by and under the laws of Rhode Island. It did business and owned property in the counties of Craven and Carteret in this State. The plaintiffs are non-residents.
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Motion to dissolve an attachment under the Bankrupt Act of Congress heard before Watts, J., at Spring Term, 1871, of Craven Superior Court. The defendant is a foreign corporation created by and under the laws of Rhode Island. It did business and owned property in the counties of Craven and Carteret in this State. The plaintiffs are non-residents. They commenced suit against the defendant by summons, and a warrant of attachment on the 23d day of February, 1870, which was at that time executed on the estate of defendants. On the 3rd day of April, 1870, the defendant filed its petition in the…
1Opinion of the CourtBodman, J.
The Bankrupt Act of the 2d of March, 1867, see. 14, enacts : That the appointment of an assignee in bankruptcy shall vest in such assignee, by operation of law, the title to all the property and estate, both real, and personal of the bankrupt, “although the same is then attached on mesne process, as the property of the debtor, and shall dissolve any such attachment made within four months next preceding the commencement of said proceedings,” &c.
It is objected that the adjudication of the bankruptcy of the defendant in the present case, and the appointment of an .assignee, should not be…
2Cases cited1 opinion
- Carr v. . Fearington and OthersSupreme Court of North Carolina · 1869
3Cited by3 opinions
- T. Whitridge v. . A. P. TaylorSupreme Court of North Carolina · 1872
- Ward v. . HargettSupreme Court of North Carolina · 1909
- E. Conery & Son v. WaggamanLouisiana Court of Appeal · 1881