H. S. Buckner & Co. v. Wilkerson

Court of Appeals of Kentucky

H. S. Buckner & Co. v. Wilkerson

7 Ky. Op. 567, 1874 Ky. LEXIS 215

DecidedMarch 7, 1874

StatusPublished

This text of 7 Ky. Op. 567 (H. S. Buckner & Co. v. Wilkerson) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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H. S. Buckner & Co. v. Wilkerson, 7 Ky. Op. 567, 1874 Ky. LEXIS 215 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Peters :

Having proved their claims against the appellants for the benefit of the bankrupt law in the bankrupt court, appellants thereby waived their right to maintain their action in the state courts, and the benefits they might otherwise have derived from any provisional remedy they may have resorted to. Sec. 21, Bankrupt Law.

If they desired to secure the costs they had incurred in the prosecution of their suit in the court _ below, they should have proved the amount of those costs in the bankrupt court, where they doubtless would have been allowed.

It seems to this court that the court below did not err in discharging the attachment. Wherefore the judgment is affirmed.

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Opinion by

Judge Peters :

Having proved their claims against the appellants for the benefit of the bankrupt law in the bankrupt court, appellants thereby waived their right to maintain their action in the state courts, and the benefits they might otherwise have derived from any provisional remedy they may have resorted to. Sec. 21, Bankrupt Law.

If they desired to secure the costs they had incurred in the prosecution of their suit in the court _ below, they should have proved the amount of those costs in the bankrupt court, where they doubtless would have been allowed.

It seems to this court that the court below did not err in discharging the attachment. Wherefore the judgment is affirmed.

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Bluebook (online)

7 Ky. Op. 567, 1874 Ky. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-s-buckner-co-v-wilkerson-kyctapp-1874.