The National Bankruptcy Register; Containing Reports of the Leading Cases and Principal Rulings in Bankruptcy of the District Judges of the United States Volume 12 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...so that it might pass to his assignee; the creditor has all the security which the attachment was intended to afford, as it was always liable to be defeated by the debtor, upon giving a bond such as was filed in the present case; if the debtor obtains his discharge as a bankrupt, and this is pleaded, as no final judgment can be rendered against him, the bond given will indeed be discharged by the determination of the contingency upon which it is made to depend. Carpenter v. T urrell, 100 Mass., 450; Hamilton v. Bryant, 11-1 Mass. But if the debtor fails to obtain his discharge, and final judgment is rendered against him, the bond will become operative if such judgment remains unpaid for thirty days. Judgment reversed--case to stand continued. The Bankrupt Law only authorizes the arrest of the debtor under a provisional warrant to secure his attendance at the hearing and adjudication, and no arrest can be made under the warrant after an adjudication. A bond given by the debtor to secure his release from an arrest made under a provisional warrant after an adjudication is void. R0 WLAZVD G. USHER v. WILLIAM O. PEASE and others. CONTRACT by the United States marshal against the sr1rel5les on a bail bond, reciting that a warrant had issued out of the District Court of the United States for the district of Massachusetts, for the arrest of Washington Graves. The condition was that Graves should.appear before said court, at such times as shall by said court be required, until the decision of said court upon the petition in bankruptcy filed against said Graves, in said court, and until the further order of the court. The declaration alleged as a breach that Graves did not, when ordered by said court, appear before J. F. Conkey, a Register in...