In re Bear

U.S. Circuit Court for the District of Southern New York

In re Bear

7 F. 583, 1881 U.S. App. LEXIS 2260

CourtU.S. Circuit Court for the District of Southern New York

DecidedApril 26, 1881

StatusPublished

This text of 7 F. 583 (In re Bear) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Bear, 7 F. 583, 1881 U.S. App. LEXIS 2260 (circtsdny 1881).

Pincite

Opinion

Blatchford, C. J.

It must be held that the district court was right in deciding that the petition in bankruptcy was filed as early as 12 m. on the eleventh of March, and therefore before the execution reached the sheriff. That being so, the creditor acquired no lien by virtue of the execution as against the assignee in bankruptcy, and the order of January 22, 1881, was correct in dismissing the petition of Holmes, Booth & Haydens, with costs, and the prayer for its reversal must be denied, with costs.

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Blatchford, C. J.

It must be held that the district court was right in deciding that the petition in bankruptcy was filed as early as 12 m. on the eleventh of March, and therefore before the execution reached the sheriff. That being so, the creditor acquired no lien by virtue of the execution as against the assignee in bankruptcy, and the order of January 22, 1881, was correct in dismissing the petition of Holmes, Booth & Haydens, with costs, and the prayer for its reversal must be denied, with costs.

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Bluebook (online)

7 F. 583, 1881 U.S. App. LEXIS 2260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bear-circtsdny-1881.