Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-02-23
U. S. Circuit Court Decisions
Circuit Court Of the United Stats FOR
Dfsfracf Of TerwOHt.

U. S. Circuit Court DeclsloIs'
Circuit Court Of the United State Tor me
Distinct Of Vermont.
Ia re Aianson NJ. Clark. Bankrupt on
the petition Of Amos Samson. Assignee' We
William 4. Blake, Lester n Clara Ai1ns'n u
Clark and Patr.ck O'Aeh
Woodruff. This proceeding was CONNER
ced BY petition Of the assignee that Inc re-
ponaenis deliver 10 the assignee certain properly
ALLEGED TO be Of the bankrupt, AMI when u va
alleged mad been subjected hy hin, through iAe
form Of sale under executions agsinst nlnl'to ~
spuare-t transfer to the respondents or some OF
then. net only in fraud Of the Bankrupt Law
but IL rsrt also 10 cover and conceal the proper
" to defraud his CREDITOR; and praying that the
responieuts show Cause why the property men
TONED should not be delivered 70 the assignee'
The RESPONDENTS severslly showed cause by
answers 70 the petition. denying most Of me a.
LEGATIONS tending TO chow fraud, ana lts-e "a
ioned br the gnee upon those SnsTers' a.
me Questions in dispute were -rled before 'uu
Hon 81. D. Shipuan, District judge ior OolAe1
ticut, holding the Distlic- court temporary III
the place Of the resident judge lie made Al
order or decree. requiring the bankrupt anu
Lester NJ Clsrk and Bake, to deliver the oro-
perry IN question 70 the s'aignee ..-
court. IN the form and manner prescribed by Inc
eighth section Of the bankrupt lsY.
Tie sseisnee moved TO diamiss the appeal 90
the ground mat the proceeding IN the DHirlc.
court wAs summary and could only be reyie Ws1
bv summary petition 20 thiH cJur, for reVle"
II the u-ocecdln-s, and thZ- il wGs not cAse
fly Al aup1ai under the eighth tes-Io1. lie 81
re-I.uts insist inst although u1t formally cJu--
mencei by process Of subpWua as s1i;, ye- l1e
Defendants could and did appear AID answer VIII
out ouch process ard the petition and the proceed
irrr On showing cause and on TIE trlal and order
tbereupon. were ID all ms;e1ial caarscte7islcs q
fu.t 10 equity. and that the proper mode Of BRING
in- the matter before circuit court was tJ aF-
real under tie z.l eighth section
Iaa aoti1n was argued and reserved sn- the
case was heard upon toe merits, reser7-ns me
question raised By tle motion
Upon examination Of the cas- upon tue ---ess-
tons and proofs. a1 20 fully rstisac- hiss t-c
conclusions Of The judge Of the district c7ur'
we're ccrrec-. that / deem b. quite ua1e-1ssary 90
say anything upon the 1-i-t 5i form r--s-i ny
me motion 90 dls-isl.
Nor do deem DO necessary o. discus i-- SUI
ieer a. length TIE opinion delivered by Judge
shirman ureseuts &c with great t--.uess and Ta--
-isalarit7. and I should do little u7re than re-
neat his views. F.. were o. state more fully ny
own. G7-ue- 90 the appellants me fun dement, Oh
their claim. On tl.s appeal tls- the nroce Ding l-
the Ils-r-c, court should be regarded s. d o--. DO
equity. preceding urc- 3 e-l-u-7 ana n-1o- Oh
asa- decree. the tranlo- 90 t1e -ei-n1zu- lake
IVES i1 both tle aspects p-ese1-1l - ne De
tric- Judge vo.I as sEs,ust t-1 a1z --ee Inc
aurallu,s are therefore 10 tr-s CONT 10 this DE-
lemua # the rr0cee-IuFs below be REGARDED ar
summary E-l in protested eZe--lsa % the sum
mary power conferred by the drs- section OF the
sc,. i1e- I-aT have uol brought The ua-ter
iuio tl.s c1uli fir review az tuuuarT proceed
lur. ami whether me order Of tle D-s-rl-- O. 1--
vas 10 THAI t.-u Of proceeding le-l- .l1 pre-
-c- order "a a-t before le. Il OBJ the ether n1l-
the rro1ee-i1z below wa. as t-a appellants ~
lis- u vas. q Flt ia equity under TIE re,7ll
-5c-o1. then their s7pe-. Be- Regular, ac- l1 il--
view Of tho r,~r-esi.r- The Jurisdiction sut urg-