Weston v. Loyhed
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Rice County, Buckham, J., presiding, overruling his demurrer to the com-' plaint.
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Appeal by defendant from an order of the district court for Rice County, Buckham, J., presiding, overruling his demurrer to the com-' plaint. The. complaint sets out proceedings in insolvency instituted by certain creditors of the Faribault Wind-Mill Company, under Laws 1881, e. 148, § 2, and the appointment of plaintiff as receiver of such company; that within four months of the filing of the petition in insolvency, the Faribault Wind-Mill Company, being insolvent and indebted to defendant, assigned to him certain accounts, with a view of giving him a preference over its other creditors, the…
1Opinion of the CourtDickinson, J.
The questions arising upon demurrer to the complaint, and presented for our decision in this appeal, are (1) as to the constitutionality of the insolvency law of 1881, (Laws 1881, c. 148,) entitled “An act to prevent debtors from giving preference to creditors, and to secure the equal distribution of the property of debtors among their creditors, and for the release of debts against debt*223-ors;” (2) whether the act has the effect to avoid preferences made by an insolvent debtor against whom proceedings are subsequently taken, as provided in section 2 of the act, and resulting in the appointment…
2Cases cited3 opinions
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- Boyles v. McMurphyIllinois Supreme Court · 1870
- State v. MyersSupreme Court of Iowa · 1860
3Cited by12 opinions
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- Risser v. HoytMichigan Supreme Court · 1884
- Chenoweth v. State Board of Medical ExaminersSupreme Court of Colorado · 1914
- Eberle v. MillerSupreme Court of Minnesota · 1927
- Maylone v. City of St. PaulSupreme Court of Minnesota · 1889
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