Jones v. Stevens
Supreme Judicial Court of Maine
On Report. Agreed statement. The case appears in the opinion. Counsel cited: Westbrook Mfg. Co. v. Grant, 60 Maine, 88; Bigelow v. Wilson, 1 Pick. 485; Wilton Mfg. Co. v. Butler, 34 Maine, 440. The trustee took the property of the bankrupt Weymouth subject to the lien under our attachment, if the lien attached more than four months prior to the filing of the bankrupt’s petition, as we claim it did in this case. Voyles v. Parker, 4 Fed.
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On Report. Agreed statement. The case appears in the opinion. Counsel cited: Westbrook Mfg. Co. v. Grant, 60 Maine, 88; Bigelow v. Wilson, 1 Pick. 485; Wilton Mfg. Co. v. Butler, 34 Maine, 440. The trustee took the property of the bankrupt Weymouth subject to the lien under our attachment, if the lien attached more than four months prior to the filing of the bankrupt’s petition, as we claim it did in this case. Voyles v. Parker, 4 Fed. Rep. 210; Bowman v. Harding, 56 Maine, 559; Leighton v. Kelsey, 57 Maine, 85; Perry v. Somerby, Id. 552. The only proper construction, which can be placed upon…
1Opinion of the CourtWiswell, C. J.
This is an action of trover, wherein the plaintiff is the trustee in bankruptcy of Moses S. Weymouth, bankrupt, and the defendant is a deputy sheriff who attached the goods, the conversion of which is sued for, upon a writ against Weymouth.
The only question presented is whether or not the attachment was dissolved by the subsequent proceedings in bankruptcy. The attachment was made on the ninth day of September, 1898, at ten o’clock in the forenoon. Weymouth’s voluntary petition in bankruptcy was 'filed in the clerk’s office of the U. S. District Court, in this District on the ninth day of…
2Cases cited1 opinion
- Dutcher v. WrightSupreme Court of the United States · 1877
3Cited by7 opinions
- Bell v. WestCourt of Appeals for the Fourth Circuit · 1930
- In re De LewandowskiDistrict Court, D. Massachusetts · 1917
- In re HolmesDistrict Court, D. Vermont · 1908
- Dreyer v. KicklighterDistrict Court, S.D. Georgia · 1916
- Graham Oil Co. v. Gordon C. York, Inc. (In Re Kramer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
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