Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-04-17
LOCAL NEW S.

II,nEAs CORPUS IN a BANKRUPT CASE
4 ease Of some interest under the Bauk rupt
inv was heard here yesterday before Judge
Underwood. in the u. s. Court Room. La Au
.,s,, 1872, .Johu Caldwell, Of Fauquicr county,
;r.,t into bark:unlcy 10 the usual way aud was
"f;,,}ira,cd a bankrupt, John 5. Fowler being
" assignee There was bill in chan.
cory cor for the sale Of his property, which was
h,I,} in common with others pending III the
E,.nucr Circuit Court, to which Caldwell re-
,,lit his pending bankruptcy an'l asked a stay
=, nro,e ,lngs. The Circuit Court dlSregarded
ia'lwelrs answer, aud passed decree for the
size of property, appointed commissioners OF
,.le and a receiver also. La this condition of
.tf,,r. the a>Si gnte obtained an lnJuEcton from
1hr L. 5. Bankrupt Court against the commlS-
i ,,crS AMI the receiver, which arrested their
,rr. elingS, aud affairs remained unchanged
until the present term of the tauquler Circuit
C,urt. when Caldwell was attached and brought
iu,o court to show cause why he should not be
nuuishrd for Il contempt offered the court in
m, au%vering Il rule oi the court, Issued IN
A,r;l 1872 Oacc in court another rule was
.,rvrI upon nm to show cause why he should
mn, H.. nnpishrd fora contempt offered the court
~ .n;,,r out the above injunction procured by
no ,,s,guccl and also for disotcying the decree
.u.,n;n;inr the receiver Callw.ll answered
rn,.S. rules and III. causes re Ii :ari by Judge
k.ith resulting in the dlsni>>lon OF the attach
m.nt. an the commitment of Caldwell to jail
i,r Ten DAYS and iuc of $40 for the other al
legged cantemptS, that Is the sung OUT OF the
L. 5 Distr;c Court the said injunction, and
tiSnbedicucc 70 the receiver Caldwell now
ob,aiuel habeaS co pas from Judge Undcr-
wood, directed 10 the Sheriff of Fauqule who
Yesterday brought up Caldwell and his cause
for hearing. Charles Whites :, of this city,
appeared for Caldwell, aul r. I. Scott Of War
rrn!on, appeared for the Sheriff The case
was vigorously contested IN both SD IS aud re-
suited in the discharge and delverancn Of Call-
we'll. Judge Tn Norwood held that the iudi
cation Of Caldwell rs a bankrupt brought hun
AMI his properly within the jurIsdi ctioa o. 'hn
Bankrupt Court which BY the constitution and
the laws Of the United States and the c,uStitu
ton Of Virginia was the paramount law OF the
land; that the decree Of the Circuit Court of
Fauuucr ordering the sale of the property aud
appointing i receiver atteran with ottclllkn wl-
edge Of Caldwcli'S bankruptcy was au Invasion
Of the bankruptcy Jurisdiction and !nettcttuai;;
that the obtaining Ut the lnjuncton by Caldwell
was and could not under such circumstances he
contempt of the Circuit Court as he had law
full right and indeed was boun to protect his
property in bankruptcy; thar the process Of
habe,s corpus issued il this c,<c under the law
Of the United States enacted in the days OF
nulicatiou, was Legal ana proper for the pur
pose of trying the question, upon an Inspection
of the record Of Commitment whether Caldwell
was confined In prison for an act done under
the authority Of the Unitcd States; and the
decree If the Circuit Court Of Fauquier show
Ing on its face that Caldwell was condemned
for suing out the injunction as stated from the
IT, S. court, his case was c early within and he
c,ariy cni:led to the relief provided i'll the
null .tcatiou act.