The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-02
A SWAT AT THE ]. P.'S
Judge Purnell Says They Are Frequent
~ Innocent of the Law.

Judge Purnell yesterday rendered his
decision in the bankruptcy case of {.
c. Wood.
This case was certified for review on
objection by creditors to the decision
of the referee that Boone x Jenkins are
entitled to priority. TO have their debt
paid in full by the trustee because they
had commenced proceedings against the
bankrupt in the court of IA justice OF
the peace, and there obtained judgment,
from which Judgment the bankrupt, de-
PENDANT had taken an appeal to the SUI
perior court, where the cause was pend
ing at the time of adjudication in bank
ruptcy.
THE estate consists entirely of the
proceeds of sale of personal property, eX-
cept s. derived from sale of the re-
yersionary interest in the homestead,
says the decision There was no levy
on the property under execution, at
tachment or other process. 1t does not
appear in the record the Justices judg-
ment was docketed in the Superior court,
and the burden to show this being upon
the party claiming the lien, it must be
held it was not, but that the usual
course was pursued and simply an appeal
taken. Presumably Il bond was given
providing for the payment Of the debt
and cost should the judgment i'll the SUI
perior court be against the defendant.
If this practice under the State law has
been pursued, as is presumed, Boone "
Jenkins have security for their claim
should they be successful in the Superior
court. But much of this is based on
the maxim "Omnia Praesumuntur, &c.
The record shows Boone Il Jenkins have
a suit pending in the State Superior
court on appeal from Il judgment of Il
Justice of the Peace-officers by no
means infallible. frequently innocent of
law and actually sometimes known to
construe the abreviation affiX designat-
ing their office. j. Z. to mean Judgment
for plaintiff which may establish moth
ing. A Judgment whether in Justices
or the Superior court is not a lien on
personal property until there is a levy
neither is it a lien on real estate until
docketed in the Superior court, and it
becomes Il Judgment of that court This
being SO, the holding of the referee was
erroneous, Boone 4 jenkins are entitled
to no priority in bankruptcy, and the
ruling ofsthe referee is reversed.
lpSp parties nave uu Ip'll anu aLN
entitled to no priority as shown by the
record. Nothing else appearing they will
participate in the distribution as other
creditors without priority or preference.
The dividend sheet having been made
ont aud forwarded to the trustee, will
be returned to the referee for correction
in accordance with this decision"
Judge Purnell also decided the Wood
ard bankruptcy case from Warsaw,
Duplin county.
He holds: That bankruptcy court
cannot enlarge Il homestead or diminish
it, but must lay it out according to the
State Constitution and the decisions of
the Supreme court of North Carolina
That excessive fees will not he allowed
in bankruptcy eases to deputy marshais.
it being the spirit of the law to make
the bankruptcy proceedings as cheap as
possible That in involuntary bank
ruptcy proceedings attorneys fees VIII
not be allowed a bankrupt, except in
Inducing him to perform the duties re+
quired by the act