Legal Opinion

Harbaugh v. Costello

Illinois Supreme Court

Decided February 19, 1900PublishedCited by 14 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County-Court of Henry county; the Hon. Anthony R. Mock, Judge, presiding. This is an appeal from a judgment of the Appellate Court, reversing, without remandment, an order of the county court' entered in a proceeding under the Insolvent act, requiring the appellees to surrender property to the appellant as assignee of one Alexander White, an insolvent.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County-Court of Henry county; the Hon. Anthony R. Mock, Judge, presiding. This is an appeal from a judgment of the Appellate Court, reversing, without remandment, an order of the county court' entered in a proceeding under the Insolvent act, requiring the appellees to surrender property to the appellant as assignee of one Alexander White, an insolvent. On July 16, 1898, Alexander White made, and on July 18,1898, caused to be filed in the office of the clerk of the county court of Henry county, an…

1Opinion of the CourtJustice Magruder

The petition of the appellees to the county court was demurred to upon the ground that the Voluntary Assignment law of this State had been superseded by the Bankrupt law passed by Congress on July 1, 1898, and that, therefore, the county court had no jurisdiction to make the order entered by it. The only question necessary to be considered is, whether the county court had jurisdiction to proceed under the State Assignment law, and make an order for the return of the property to the assignee, in view of the passage by Congress of the Bankruptcy act of July 1, 1898.

It is provided in section 8…

2Cases cited8 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. White v. CotzhausenSupreme Court of the United States · 1889
  3. Buchanan v. SmithSupreme Court of the United States · 1873
  4. Hanchett v. WaterburyIllinois Supreme Court · 1885
  5. Tua v. CarriereSupreme Court of the United States · 1886

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3Cited by14 opinions

  1. Staley v. Illinois Central RailroadIllinois Supreme Court · 1915
  2. McKey v. SwensonMichigan Supreme Court · 1925
  3. In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
  4. Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
  5. Pogue v. RoweIllinois Supreme Court · 1908

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