In re Vickery

U.S. Circuit Court for the District of Western Michigan

In re Vickery

28 F. Cas. 1173, 3 Nat. Bank. Reg. 696, 1870 U.S. App. LEXIS 1733

CourtU.S. Circuit Court for the District of Western Michigan

DecidedApril 27, 1870

StatusPublished

This text of 28 F. Cas. 1173 (In re Vickery) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Western Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Vickery, 28 F. Cas. 1173, 3 Nat. Bank. Reg. 696, 1870 U.S. App. LEXIS 1733 (circtwdmi 1870).

Pincite

Opinion

WITHEY, District Judge.

I dissent entirely from the rule laid down in Re Williams [Case No. 17,705], and fully concur in' the decision in Re Brown [Id. 1,975]. The debt in the case reported by Register Bums existed at the time of the adjudication of bankruptcy, [1174]*1174and if it has never been paid or satisfied may be proved in bankruptcy. The fact that judgment has been rendered for the debt, is neither payment or satisfaction thereof in any sense which prevents proof of the debt in bankruptcy. It is not the judgment, but the debt as it existed on the 5th day of January, the day ot the adjudication, that is provable.

Free access — add to your briefcase to read the full text and ask questions with AI

WITHEY, District Judge.

I dissent entirely from the rule laid down in Re Williams [Case No. 17,705], and fully concur in' the decision in Re Brown [Id. 1,975]. The debt in the case reported by Register Bums existed at the time of the adjudication of bankruptcy, [1174]*1174and if it has never been paid or satisfied may be proved in bankruptcy. The fact that judgment has been rendered for the debt, is neither payment or satisfaction thereof in any sense which prevents proof of the debt in bankruptcy. It is not the judgment, but the debt as it existed on the 5th day of January, the day ot the adjudication, that is provable.

Cite This Page — Counsel Stack

Bluebook (online)

28 F. Cas. 1173, 3 Nat. Bank. Reg. 696, 1870 U.S. App. LEXIS 1733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vickery-circtwdmi-1870.