Leighton v. Kelsey
Supreme Judicial Court of Maine
On Exceptions. Assumpsit on a promissory note. The case is fully stated in tlie opinion. cited Franklin Bank v. Baehelder, 23 Maine, 60; Eittredge v. Warren, 14 N. H. 509; Davenport v. Tilton, 10 Met. 320; HowelV8 case, 21 Verm. 620 : Drake on Attachment, 435; United States Bankrupt Act of 1867, § 14; Bub.
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On Exceptions. Assumpsit on a promissory note. The case is fully stated in tlie opinion. cited Franklin Bank v. Baehelder, 23 Maine, 60; Eittredge v. Warren, 14 N. H. 509; Davenport v. Tilton, 10 Met. 320; HowelV8 case, 21 Verm. 620 : Drake on Attachment, 435; United States Bankrupt Act of 1867, § 14; Bub. Laws of 1868, c. 157, 223; Lothrop v. Abbott, 21 .Maine, 421; United States Bankrupt Act of 1841, § 2; United States Bankrupt Act of 1867 (Avery & Hobbs’ Ed.), 108; Houghton v. Fastis, 5 Law Rep. 505 ; Downer v. Brackett, 5 Law Rep. 392 ; Peck v. Jenness, 7 How. 612. 1. The replication is…
1Opinion of the CourtBarrows, J.
To the defendant’s plea of a discharge in bankruptcy, the plaintiff replied an attachment of personal property regularly made more than four months before the commencement of the proceedings in bankruptcy, and still subsisting (as he alleges), *87and that this suit is prosecuted for the sole purpose of obtaining a judgment and execution which will enable him to perfect that attachment ; and to this end alone he prays judgment against the defendants for his damages and costs. Defendants demurred to the replication, and plaintiff joined. The presiding justice overruled the demurrer, and defendants…
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