In re McCartney
District Court, E.D. Wisconsin
In Bankruptcy. On petition of Wisconsin Central Railway Company for- relief on garnishment proceedings for its indebtedness to the bankrupt The bankrupt filed his voluntary petition and was adjudged bankrupt on May 23, 1901, pending the garnishment proceedings in justice’s court, wherein judgment had been entered in the principal action against the bankrupt, and an order made upon the answer of the garnishee to pay to the justice the sum due from it to the bankrupt within 10…
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In Bankruptcy. On petition of Wisconsin Central Railway Company for- relief on garnishment proceedings for its indebtedness to the bankrupt The bankrupt filed his voluntary petition and was adjudged bankrupt on May 23, 1901, pending the garnishment proceedings in justice’s court, wherein judgment had been entered in the principal action against the bankrupt, and an order made upon the answer of the garnishee to pay to the justice the sum due from it to the bankrupt within 10 days after May 15, 1901; the bankrupt being insolvent throughout such proceedings. On May 27th judgment was entered…
1Opinion of the Court
SEAMAN, District Judge,
ifhis petition distinctly presents the questions (1) whether the garnishment proceedings were invalidated-by the adjudication in bankruptcy, and, if so (2) whether the bankruptcy court can take jurisdiction to decree accordingly, receive into court the amount payable by the garnishee, and relieve such garnishee from further liability.
1. The answer to the first question appears in the unmistakable terms of section 67 of the bankruptcy act of 1898, which provides “that all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person…
2Cases cited6 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- In re RichardsCourt of Appeals for the Seventh Circuit · 1899
- Dewey v. United StatesSupreme Court of the United States · 1900
- Bernheimer v. BryanCourt of Appeals for the Fifth Circuit · 1899
- In re KenneyCourt of Appeals for the Second Circuit · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- National Surety Co. v. MedlockCourt of Appeals of Georgia · 1907
- Armour Packing Co. v. WynnSupreme Court of Georgia · 1904
- A. Klipstein & Co. v. Allen-Miles Co.Court of Appeals for the Fifth Circuit · 1905
- Roberts v. SeanorCourt of Appeals of Georgia · 1932
5 more not listed; retrieve them via the Exa API.