Cissell v. Johnston
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiffs from an order quashing a writ of attachment sued out in an action of assumpsit. The Court in its opinion stated the case as follows: This is an appeal from an order quashing the attachment sued out by appellants, George W. Cissell and S. Sewell Cissell, as plaintiffs below in an action of assumpsit against Johnston Bros. & Co. The attachment was issued at the same time that the suit was begun, March 21, 1894, and is based on the ground…
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Hearing on an appeal by the plaintiffs from an order quashing a writ of attachment sued out in an action of assumpsit. The Court in its opinion stated the case as follows: This is an appeal from an order quashing the attachment sued out by appellants, George W. Cissell and S. Sewell Cissell, as plaintiffs below in an action of assumpsit against Johnston Bros. & Co. The attachment was issued at the same time that the suit was begun, March 21, 1894, and is based on the ground that “ The defendants have assigned, disposed of and secreted their property with intent to hinder, delay and defraud…
1Opinion of the CourtJustice Shepard
1. The appellants assign the following errors in the proceedings below, upon which they submit that the judgment should be reversed:
1st. “ Because the deed of assignment only permits payment bn condition that such payments shall be received ‘ in satisfaction and release’ of the claims of creditors so receiving payment.
2d. “ Because the assignors reserve to themselves the surplus remaining after paying releasing creditors and before their other creditors are paid.
3d. “ Because the said deed does not convey all the property and estate of the assignors and is in effect a partial assignment only.”
2Cases cited15 opinions
- White v. CotzhausenSupreme Court of the United States · 1889
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Bagley v. . BoweNew York Court of Appeals · 1887
- Means v. DowdSupreme Court of the United States · 1888
- Coffin v. DouglassTexas Supreme Court · 1884
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3Cited by1 opinion
- Morfessis v. ThomasDistrict of Columbia Court of Appeals · 1952