About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Joseph J. Kennedy, Trustee of Henry Shultz, and Insolvent Debtor, and for the Creditors of the said Henry Shultz, and Henry Shultz, Appellants, v. The Bank of the State of Georgia, the City Council of Augusta, John McKinne, and Gazaway B. Lanar U.S. 586 (1850)

handle is hein.slavery/ussccases0267 and id is 1 raw text is: 586 SUPREME COURT. Kennedy et al. v. Georgia State Bank et al. through the instrumentality of this court. That such a doc- trine cannot be maintained here has in effect been decided in previous cases ; and especially in that of Charles River Bridge v. Warren Bridge, 11 Peters, 539, 540, where other cases are cited and reviewed. For the reasons above stated, it is ordered that the judgment of the Supreme Court of Illinois be affirmed. Mr. Justice MIcLEAN dissented. Order. This cause came on to be heard on the transcript of the rec- ord from the Supreme Court of the State of Illinois, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that the decree of the said Supreme Court in this cause be, and the same is here- by, affirmed, with costs. JOSEPH J. KENNEDY, TRUSTEE OF HENRY SHULTZ, AN INSOLVENT DEBTOR, AND FOR THE CREDITORS OF THE SAID HENRY SHULTZ, AND HENRY SHULTZ, APPELLANTS, v. THE BANK OF THE STATE OF GEORGIA, THE CITY COUNCIL OF AUGUSTA, JOHN McKINNE, AND GAZAWAY B. LAx3AR. Some of the distinctions stated between bills of reiiew, of reviver, and supplemental and original bills in chancery. This court, as an appellate court, has the power to allow amendments to be made to the record before it, although the general practice has -been to remand the case to the Circuit Court for that purpose. When a cause is brought before this court on a division in opinion by the judges of the Circuit Court, the points certified only are before it. The cause should remain on the docket of the Circuit Court, and at their discretion may be prosecuted. If the jurisdiction of a Circuit Court be not shown in the proceedings in the case, its judgment is erroneous, and liable to be reversed ; but it is not an absolute nullity. But when an amendment to the record was made by conseftt of counsel in this court, which amendment set forth the jurisdiction, a mandate containing that amendment ought to have prevented any subsequent objection to the jurisdiction in the Cir- cuit Court. A decree for a sale, made with the approbation of counsel filed in court, removes all preceding technical objections. Where a party interested consented to the sald of property, afterwards took the benefit of the insolvent law, and at a subsequent period counsel representing him filed a consent decree to complete. the sale, the trustee having taken no steps for two years to connect himself with the proceedings in court, and then having suf- - fered fifteen years more to elapse without moilng in the business, it is too late for such trustee to object to the consent decree. So, also, the holders of bridge bills, who had no specific lien upon a bridge, must be considered to have lost their right to impugn the sale ps fraudulent, after so long a lapse of time.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most