In re Purvine
Court of Appeals for the Fifth Circuit
Petition for Review of an Order of the District Court of the United States for the Northern District of Texas, in Bankruptcy. The creditors of A. S. Purvine, on November .23, 1898, filed a petition against him in the United States district court for the Northern district of Texas, praying that he be declared a bankrupt. It was alleged that he was insolvent, and that he had sold his property, and was concealing the proceeds to defraud his creditors.
Read the full summary
Petition for Review of an Order of the District Court of the United States for the Northern District of Texas, in Bankruptcy. The creditors of A. S. Purvine, on November .23, 1898, filed a petition against him in the United States district court for the Northern district of Texas, praying that he be declared a bankrupt. It was alleged that he was insolvent, and that he had sold his property, and was concealing the proceeds to defraud his creditors. The schedule filed by Purvine showed an indebtedness of $4,600, and no assets but a homestead. Purvine was duly adjudged a bankrupt, and O. B.…
1DissentShelby, Circuit Judge
By the constitution of the stall of Texas (article 1, § 18) it is declared “that no person shall ever be imprisoned for debt.” When the laws of the state prohibit imprisonment for debt, such laws are by statute made effective against, all processes and orders of the courts of the United States. Rev. St. U. S. ⅜ 990. Construing the statute just cited, Wallace, J., in Manufacturing Co. v. Fox, 20 Fed. 409, said:
“The power of the courts of the United States to punish for contempt and imprison for nonpayment of money judgments is circumscribed and controlled by the laws of tlio state, and where…
2Cases cited16 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Ex parte HardySupreme Court of Alabama · 1880
- Wightman v. WightmanIllinois Supreme Court · 1867
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Hendryx v. FitzpatrickU.S. Circuit Court for the District of Massachusetts · 1884
11 more not listed; retrieve them via the Exa API.