State v. Hichborn

Supreme Judicial Court of Maine

State v. Hichborn

67 Me. 504, 1877 Me. LEXIS 89

Supreme Judicial Court of Maine·Decided July 28, 1877·Published

Opinion

Appleton, C. J.

The claim in controversy is for a debt due on state-prison account. By B. S., c. 66, § 1, “public rates and taxes and money due the state” have priority over the general creditors of an insolvent estate. If this is to be regarded as a preferred claim, then the commissioners of insolvency have no jurisdiction over it. Flitner v. Hanley, 19 Maine, 261. Bulfinch v. Benner, 64 Maine, 404. Nor does their adjudication deprive the appellant of any right to maintain a suit for the claim, if a preferred one.

If not a preferred claim, the appellants have no ground of complaint.

Appeal dismissed.

Dickerson, Virgin, Peters and Libbey, JJ., concurred.

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Appleton, C. J.

The claim in controversy is for a debt due on state-prison account. By B. S., c. 66, § 1, “public rates and taxes and money due the state” have priority over the general creditors of an insolvent estate. If this is to be regarded as a preferred claim, then the commissioners of insolvency have no jurisdiction over it. Flitner v. Hanley, 19 Maine, 261. Bulfinch v. Benner, 64 Maine, 404. Nor does their adjudication deprive the appellant of any right to maintain a suit for the claim, if a preferred one.

If not a preferred claim, the appellants have no ground of complaint.

Appeal dismissed.

Dickerson, Virgin, Peters and Libbey, JJ., concurred.

State v. Hichborn, 67 Me. 504, 1877 Me. LEXIS 89 (Me. 1877).

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