Daggett v. Cook
Supreme Court of Connecticut
Assumpsit, brought to the Superior Court in New Haven county, at its May Term, 1865. At the May Term 1869 the defendant pleaded a discharge in bankruptcy obtained upon proceedings instituted by him on the 26th day of February, 1868. The plaintiff replied that his suit was commenced by a valid attachment of certain real estate of the defendant, described in the return of the officer upon the writ, that the attachment had remained from that time to the present without being…
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Assumpsit, brought to the Superior Court in New Haven county, at its May Term, 1865. At the May Term 1869 the defendant pleaded a discharge in bankruptcy obtained upon proceedings instituted by him on the 26th day of February, 1868. The plaintiff replied that his suit was commenced by a valid attachment of certain real estate of the defendant, described in the return of the officer upon the writ, that the attachment had remained from that time to the present without being released or discharged, and that at the time when the bankrupt proceedings were commenced the attachment had existed for…
1Opinion of the CourtPark, J.
Three years elapsed between the service of the plaintiff’s writ of attachment and the commencement of the defendant’s proceedings in. bankruptcy, and we think the fourteenth section of the United States bankrupt act does not dissolve the lien obtained by the attachment.
That section in express terms dissolves all attachments made within four months of the commencement of proceedings in bankruptcy, and obviously if the limitation is to have any effect the dissolution of attachments must be confined to those made within that time.
But it is said that the context of the section declares that, on…
2Cases cited2 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
- Harding v. MinearCalifornia Supreme Court · 1880
- In re AlbrechtDistrict Court, E.D. Michigan · 1877
- H. W. Gillett & Co. v. McCarthySupreme Court of Kansas · 1880
- Hudson v. AdamsDistrict Court, N.D. Ohio · 1878