Legal Opinion

Minon v. Van Nostrand

District Court, D. Massachusetts

Decided July 15, 1870PublishedCited by 5 opinions

Bill in equity. The facts of this case as alleged in the bill and admitted in the answer, were these: In October, 3809, the respondents [William T. Van Nostrand and others] recovered judgment and execution against the plaintiff [Michael G. Minon] in the superior court of the county of Suffolk.

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Bill in equity. The facts of this case as alleged in the bill and admitted in the answer, were these: In October, 3809, the respondents [William T. Van Nostrand and others] recovered judgment and execution against the plaintiff [Michael G. Minon] in the superior court of the county of Suffolk. The plaintiff was arrested, on the execution in November, and gave a recognizance before Mr. Coolidge, a magistrate duly authorized to act in the premises, to appear within thirty days thereafter for his examination under the laws of the commonwealth for the relief of poor debtors. He did so appear,,…

1Opinion of the Court

LOWELL, District Judge.

I have already more than once decided that a debtor who is under arrest at the time his petition in bankruptcy is filed, cannot be relieved on habeas corpus. I came to this conclusion with reluctance; but it seemed to be the necessary construction of section 26, and the rule 27 of the supreme court, founded upon it, that the benefit of the writ was only for bankrupts arrested after they became such, —and I have not changed that opinion.' [It may be that congress hesitated to interfere with a consummated arrest under the apprehension that the debt might thereby be…

2Cases cited1 opinion

  1. Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868

3Cited by5 opinions

  1. Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
  2. People ex rel. Taranto v. ErlangerDistrict Court, S.D. New York · 1904
  3. Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1870
  4. Turgeon v. BeanSupreme Judicial Court of Maine · 1912
  5. Brandon National Bank v. HatchSupreme Court of New Hampshire · 1876

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