The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-21
Unite. STATES DISTRICT cuuar--M lAsxaupTr.

Important Decision-Powrrs and Practice OF
the Courf. ~
Before Judge Blachford.
N o. EaHr Of Henry D,rnstsin an i',vo'rntary link
r,pt i'm this case Judge Da,chford rendered tho fol-
loving decision today
The lrm Of wnmcrdnr Horuct 3 Co. obtained
judgment against the bankrupt the Goth Of October.
1861 for 81 $50 30 In suit IN the Supreme Court OF
New York, for . money demand on contract founded
On two promssory notes made by him, and on sale
and delivery Of goods to him Tho suit Was
and tho judgment was obtained In due course by
defendant after personal service Of summons. GA the
day on which tho JUDGMENT was obtained a. oxe-
cuton issued thereupon 10 the Sheriff OF TIE city
and county o. New York, ard he made q levy there
under stock Of goods in the sore u the banlrup In
sale by Sheriff for the 2sh Of October 1857 bat his
sale STAYED by tho state court and motion was
ny .no PA " hut me o,o VS. de-
MED On the commencement Of The suit In the State
court an attachment was issued 10 u under Which
Tho same stock OF goods shove mentioned had
bern attached A motion made BY the
bankrupt in tho State court to dissolve that
attachment, which motion was heard at the
same time with the other motion be'orc mentiorci and
also denied After the denial IL these motions tho
sncrT advertised tho goods for gale for the 2ad Of No
vsmber 1887. November 81, 1867 the petition this
matter PRAYING for adjudication In bankruptcy, was
aled and this court under the fortcth section OF tha
Bankruptcy act at the tine Il mncs an order 10 show
cause why tho PRAYER OF petitioner shord no
granted ssucd injunction the Sheriff from
selling the goods execution
,hercunder There tas since been adjuclra ion In
bankrupicy In this matter On representation that
the goods levied wore Of pershable character and
detcrioratng IN vauc this court made order
modifying the iurnction so rs 10 permit the Sheriff
10 ssil The goods under the execution and
directing the sheriff 10 hold the proceeds until tho
plaintiffs In the Judgment moro the court to dis
sovc the iHuncion wholly, and to allow the proceeds
OF the sae " b. applied IN paying the Judgment and the
and the charges and fees of tho Sheriff there Is
nothing shown to imr"acn Tho tona fdcs OF the rdg-
mcn execution and levy. No collision In reraFd 70
then, appears and the bankrupt resisted them u tho
utmost The lien Of levy rrads under execution
issued on final Judgment such az IL that In the present
provided such lien attached before the commer CO.
ment Of the proceedings In bankruptcy preserved ny
the Bankruptcy and ia 10 Re respected by this COURT
whether court tales itself the administrator OF
the properly which the lien Is imposed and sppliss
towards tho satsfacion OF the lien or whether u
snws TIE state officer who executing the stats pro-
and the proceeds Of IN the hsnds OF the Sheriff.
No ADVANTAGE result frnn requiring tho onev TO be
court satisfaction Of The Hen the property An
order viii be entered allowing tho sheriff srny tho
charge Of tho smonnt whjc, be i, REQUIRED ty he ex
ecu'ion make including bis charges and fees thereon
ana directing him 70 ray bs overpln', Il any, 70 tho
assignee OF the bankrupt, there be ona and there
he none The clerk Of this court 10 tho credit Of
the bsnkrupt's estate.
Counsel for wilmcrdng Hogust Co. and the
Sheriff. Mr. D. Mcmahon; for tho bankrupt Mr. u Nc
AdamA
Effect af nm Order cf Discharge In the Eng.
iish Conrt- Upon Bankruptcies In tac United
St0tes-Imporsnrt Ruling. @#
Before Register .Wiitam&
IN IRE Matter Of J. $ 1osr.--Ihc proceedings In
opposition 20 tho petitioners order OF discharge were
resumed before Register Williams, Tho bankrupt WINS
subjected TO lengthy examination IN connection with
h,s dealings with bis Erglish creditors. Mr.. Edwin
James his COUNSEL objected 10 testimony respcct
81 debts ex,irRnished by hts bankruptcy in Envand
1850, and copt-ndcd that all hts debts provabe under
such bankruptcy wore extn-rished. and could not ba
revived under his present bankrvpcy In this country.
After argument Register Willisms concurred fiis
view OF tho and the oppc-i'ion confined 10 al
dealings with English creditors since tho date Of
Ing his order Of discharge in England and tho effect cf
such order was n release him fro every claim sting
anterior 70 that period.
!. atmMa Petitions in Bankruptcy.
Only petition IN bankruptcy presented yesscr-
day. that OF Jamss H Holcomb ami George Holcomb
Nov York city Referred 70 Register Keteham-