Gottschalk & Co. v. Smith
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The auditor stated an account in which he allowed as prior liens, those attachments which were sued out before the filing of the petition, praying the adjudication •of Forster and Clark as insolvent debtors, and also the' attachment of Gottschalk & Co., which was sued out on the same day the petition was filed, and distributed the balance in hand among the general creditors.
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Appeal from the Court of Common Pleas. The auditor stated an account in which he allowed as prior liens, those attachments which were sued out before the filing of the petition, praying the adjudication •of Forster and Clark as insolvent debtors, and also the' attachment of Gottschalk & Co., which was sued out on the same day the petition was filed, and distributed the balance in hand among the general creditors. Exceptions were filed by Geiske & Keiman, and Schmidt & Friday, general creditors, to the allowance of priority to the claims of each of the attaching creditors, and by the trustees…
1Opinion of the Court
Robinson, J.,
delivered the opinion mf the Court..
Proceedings in involuntary insolvency, were instituted against Eorster, Clark & Co., and pending the proceedings, and before they were adjudicated to he insolvents, attachments were issued by certain creditors, and the main question is whether the attaching creditors thereby acquired a lien upon the property of the insolvent debtors; and this, turns upon the construction of sec. 11, Art. 47, of the Code, which says: “The 'estate of the insolvent shall he distributed according to the principles of equity, and no creditor shall acquire a lien by…
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