Marble v. Fulton
District Court, D. Maine
Debt [by Sebastian S. Marble against James E. Fulton, and others] for the penalty of a bail bond. Upon oyer it disclosed a condition for the appearance of the principal in court to answer to a creditor’s petition in bankruptcy against him, and for his appearance from time to time as required by the court until decision upon the petition or until further order of court. Plea. Omnia performavit. Replication.
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Debt [by Sebastian S. Marble against James E. Fulton, and others] for the penalty of a bail bond. Upon oyer it disclosed a condition for the appearance of the principal in court to answer to a creditor’s petition in bankruptcy against him, and for his appearance from time to time as required by the court until decision upon the petition or until further order of court. Plea. Omnia performavit. Replication. Avoidance of the principal by not appearing and furnishing schedules in bankruptcy in obedience to order of the court. Rejoinder. No order of court so to do within the time stipulated by…
1Opinion of the Court
FON, District Judge.
This is an action of debt on a bond given by a bankrupt, upon his arrest, under the provisions of the 40th section of the bankrupt act, and is prosecuted in the name of the marshal for the benefit of the assignee in bankruptcy. It appears that on the 19th of February, 1872, Locke, Twitchell & Co. filed their petition in the district court of Maine against Fulton & Ricker, praying that they might be adjudged bankrupts, and an order of notice was issued thereon returnable March 4th. On the 19th of February another petition was filed by the same creditors praying for the…
2Cases cited4 opinions
- Commonwealth v. BloodMassachusetts Supreme Judicial Court · 1867
- Philbrook v. BurgessSupreme Judicial Court of Maine · 1863
- Gowen v. NowellSupreme Judicial Court of Maine · 1822
- Packard v. BrewsterSupreme Judicial Court of Maine · 1871