Brandon National Bank v. Hatch
Supreme Court of New Hampshire
From Cheshire Circuit Court. Assumpsit. The writ was served by arresting the body of the defendant, the affidavit required by law having been made thereon. It was admitted that within sixty days after the service of the writ, as aforesaid, the defendant was adjudged a bankrupt. Upon the entry of the action at this term, the defendant moved that he be discharged from said arrest, and that his bail be discharged.
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From Cheshire Circuit Court. Assumpsit. The writ was served by arresting the body of the defendant, the affidavit required by law having been made thereon. It was admitted that within sixty days after the service of the writ, as aforesaid, the defendant was adjudged a bankrupt. Upon the entry of the action at this term, the defendant moved that he be discharged from said arrest, and that his bail be discharged. It did not appear that the plaintiffs had proved their claim in bankruptcy. The court proforma granted tlie motion, and the plaintiffs excepted. Transferred by Ladd,. J.
1Opinion of the Court
* Smith, J.
Section 5107 of the Revised Statutes of the United States provides that “ No bankrupt shall be liable during the pendency of the proceedings in bankruptcy to arrest in any civil action, unless the same is founded on some debt or claim from which his discharge in bankruptcy would not release him.” This section is almost a literal reenactment of section 26 of the bankrupt act of 1867.
This provision applies only to arrests made subsequent to the date of proceedings in bankruptcy. When the debtor is arrested prior to the commencement of such proceedings, there is no provision of the…
2Cases cited4 opinions
- Minon v. Van NostrandDistrict Court, D. Massachusetts · 1870
- In re WalkerDistrict Court, D. Massachusetts · 1868
- Hazleton v. ValentineU.S. Circuit Court for the District of Massachusetts · 1868
- Matter of Universal Lunches, Inc.United States Bankruptcy Court, E.D. New York · 1979