Twitchell v. Blaney
Supreme Judicial Court of Maine
On EXCEPTIONS. Petition to review a certain order and decree of the judge of the coui’t of insolvency. (Petition.) "Hancock, ss. S. J. Court. In the matter of Warren G. Savage, insolvent. " To the Honorable Justices of the Supreme Judicial Court.
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On EXCEPTIONS. Petition to review a certain order and decree of the judge of the coui’t of insolvency. (Petition.) "Hancock, ss. S. J. Court. In the matter of Warren G. Savage, insolvent. " To the Honorable Justices of the Supreme Judicial Court. " Respectfully come John Q. Twitchell and James P. Champlin, both of Portland, in the county of Cumberland, copartners doing' business at said Portland under the firm name and style of Twitch-ell, Champlin and Company, and, as well as in their own behalf as in behalf Albert Lewis, T. R. Savage and Company and Files and Jones, all of Bangor in the…
1Opinion of the CourtPetees, C. J.
This is a petition in equity to review a proceeding of the court of insolvency. The creditors of an insolvent *581choosing an assignee, the judge disapproved the choice and ordered a new election. The bill alleges the decree to be unreasonable, asks to have it vacated, and prays for such other relief as the facts justify.
Should the remedy have been by an appeal from the order of the court below, instead of by bill in equity? We think not. The original insolvent act, passed in 1878, may have been broad enough to allow an appeal in a case like this. But the amendment to the act in 1879, (c. 154, §…
2Cases cited2 opinions
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- In re ClairmontDistrict Court, D. Massachusetts · 1868