Day v. Bardwell
Massachusetts Supreme Judicial Court
Bill in equity to set aside proceedings instituted under the insolvent laws of the Commonwealth March 18,1867, by Abner Woodward, George P. Carpenter and Walter W. Carpenter, three of the respondents, upon which the judge of insolvency immediately afterwards issued a warrant, and caused notice to be published, and subsequently assigned the estate of said debtors to Samuel D. Bardwell and Humphrey Stevens, who also were made respondents to this bill.
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Bill in equity to set aside proceedings instituted under the insolvent laws of the Commonwealth March 18,1867, by Abner Woodward, George P. Carpenter and Walter W. Carpenter, three of the respondents, upon which the judge of insolvency immediately afterwards issued a warrant, and caused notice to be published, and subsequently assigned the estate of said debtors to Samuel D. Bardwell and Humphrey Stevens, who also were made respondents to this bill. The complainant, who had previously attached property of the debtors in an action still pending, alleged that the proceedings in insolvency were…
1Opinion of the CourtGray, J.
The question which lies at the foundation of this bill is, At what time did the United States bankrupt law of 1867, approved by the president on the 2d of March 1867, take effect so far as to prevent the institution of proceedings by an insolvent debtor under the insolvent laws of the Commonwealth ? And, notwithstanding the ingenious arguments which have been presented in support of a different construction, we are unanimously of opinion that it did not so take effect until the 1st of June 1867.
It is well settled that the power, granted to congress by the constitution, to establish uniform…
2Cases cited12 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Peck v. JennessSupreme Court of the United States · 1849
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
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3Cited by11 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
- In re Bruss-Ritter Co.District Court, E.D. Wisconsin · 1898
- Globe Ins. v. Cleveland Ins.U.S. Circuit Court for the District of Northern Ohio · 1876
- Moody v. Port Clyde Development Co.Supreme Judicial Court of Maine · 1907
6 more not listed; retrieve them via the Exa API.