Johnson v. Collier
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA. M. B. Johnson, as executor, recovered judgment against B. T. Collier, in the City Court of Gadsden, Ala. Execution thereon was levied July 20, 1906, on certain personal property. Under a provision of the Alabama statute, Collier immediately filed with the sheriff .a claim of exemption.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA. M. B. Johnson, as executor, recovered judgment against B. T. Collier, in the City Court of Gadsden, Ala. Execution thereon was levied July 20, 1906, on certain personal property. Under a provision of the Alabama statute, Collier immediately filed with the sheriff .a claim of exemption. On the same day he filed, in the proper District Court of the United States, a voluntary petition in bankruptcy, including this property in his schedule of assets. Notwithstanding the claim of exemption,, the sheriff sold the property at public.outcry on July…
1Opinion of the CourtJustice Lamar
The trustee, with the approval of the court, may prosecute any suit commenced by the bankrupt prior to the adjudication. (§ 11, c.) But the statute is otherwise silent ás to the right of the bankrupt himself to begin a suit in the time which intervenes between the filing of the petition and the election of the trustee. There is a conflict in the conclusions reached in the few cases dealing with this question. Rand v. Sage, 94 Minnesota, 344; Rand v. Iowa Central R. Co., 186 N. Y. 58; Gordon v. Mechanics’ Insurance Co., 120 Louisiana, 441.
While for many purposes the filing of the petition…
2Cases cited2 opinions
- Thatcher v. RockwellSupreme Court of the United States · 1882
- Rand v. Iowa Central Railway Co.New York Court of Appeals · 1906
3Cited by63 opinions
- Meyer v. FlemingSupreme Court of the United States · 1946
- John O. England, Trustee of the Estate of Irene Mansfeldt, Bankrupt v. Morgan J. DoyleCourt of Appeals for the Ninth Circuit · 1960
- In Re Prudence Co.Court of Appeals for the Second Circuit · 1938
- In Re SchreiberCourt of Appeals for the Second Circuit · 1928
- In Re WilsonUnited States Bankruptcy Court, E.D. Virginia · 1989
58 more not listed; retrieve them via the Exa API.