In re Ward
District Court, E.D. Michigan
On the petition of James McDonnell, Charles P. Burrell and Henry Gallagher, comprising ¡ the firm of McDonnell. Burrell & Co., attaching creditors, for the allowance of the costs and expenses of their attachment proceedings.
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On the petition of James McDonnell, Charles P. Burrell and Henry Gallagher, comprising ¡ the firm of McDonnell. Burrell & Co., attaching creditors, for the allowance of the costs and expenses of their attachment proceedings. The grounds of the application are: (1) That the attachment proceedings were not for the purpose or in the prosecution of an attempt to-defeat the provisions or operation of the bankrupt act; but, oil the contrary, were for the purpose of securing the assets of the bankrupt [George S.. Ward] for the benefit of all the creditors under the provision of the act. (2)' That…
1Opinion of the Court
LONGTEAR, District Judge.
I shall not take up the grounds of the petition nor the as-*161signee’s objections in the order in which they are stated, but they will all be disposed of in the course of the opinion.
First. As to the question of lien by an attachment creditor, for his costs and disbursements. Under the statutes of Michigan an attaching creditor acquires a lien upon the property attached, for both his debt and his costs. Those statutes, however, create no different or more extended lien in regard to the costs than in regard to the debt, and make no provision for the retention of any lien…
2Cited by1 opinion
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