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

John L. Shawhan, Daniel Shawhan, George H. Perrin, Benjamin Berry, Catharine Snodgrass, and Isaac Miller, Appellants, v. Perry Wherritt, Assignee of the Bankrupt Estate of Benjamin Brandon U.S. 627 (1849)

handle is hein.slavery/ussccases0282 and id is 1 raw text is: JANUARY TERM, 1849., 627 Shawhan et al. v. Wherritt. mittena in the case- of Peck v. Jenness. The attachment in this case Was made before the passage of the bankrupt statute. It cannot with much reason be said, that the right which the de- fendant below acquired by his attachment, legal when made, can be taken from him by subsequent legislation. Every ob- jection, however, can be. made in this case, which can be taken in relation to any attachment. The debt is discharged here, to the same extent as any other debt. As to the objections, that the statute requisites have not been complied with which are essential to constitute an attachment, I submit- that the State court is the exclusive judge in this particular, and that its judgment is not open to review in this court. Mr. Justice GRIER delivered the opinion of the court. This case was argued with the case of Philip Peck et al. v. John S. Jenness et al., and the record presents the same ques- tions which have just been decided in that case. For the reasons there assigned, the judgment of the Superior Court of New Hampshire is affirmed. Order. This cause came on to be heard on the transcript of the record to the Superior Court of Judicature of the State of New Hampshire, and was argued by counsel. On considera- tion whereof, it is now here ordered and adjudged by this court, that the judgment of the said Superior Court of Judica- ture in this cause be and the same is hereby affirmed, with costs and damages at the rate of six per centum per annum. JOHN L. SHAWHAN, DANIEL SH&wHAN, GEORGE H. PERRIN, BENTAxin BERRY, CATHARINE SNODGRASS, AND ISAAC MILLER, APPELLANTS, v. PERRY WHERRITT, ASSIGNEE OF THE BANKRUPT ESTATE OF BEN. :3AIIIN BRANDON. A decree of the District Court of the United States, sitting in bankruptcy, whereby a person proceeded against, in invitun, was declared to be a bankrupt, is suf- ficient evidence, as against those who were not parties to the proceeding, to show that there was a debt due to the petitioning creditor; that the bankrupt was a merchant or trader within the meaning of the act; and that he had committed an act of bankruptcy. Thp first section of the bankrqpt act declares that the making of any fraudulent conveyance, assignment, sale, gi or other transfer of lands, tenements, goods, or chattels, is the commission of an ad'fof bankruptcy. No creditor can, by instituting proceedings in a State court, after the commission of

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