The Washington times., 1904-09-19
RECEIVERS DEMAND
ATTACHED ASSETS
Curious Legal Point in
Bankruptcy Cases.
ISSUE IN THE LOCAL COURTS
Suits Filed in Woodend & Floyd, Craw-
ford & Co, Proceed
ings.
ISSUE IN THE LOCAL COURTS

Since the filing OF the waggaman
bankruptcy cases, great interest has
beer displayed about the court house in
similar proceedings.
Considerable interest has been shown
in two cases recently filed in the court
which present a novel question raised
for the first time in this jurisdiction.
They were filed in the Supreme Court OF
the District of Columbia sitting as
court in bankruptcy. the compliments
in both suits being represented by At
torneys Ralston & Siddons, and H. Win
ship Wheatley.
wooden6 Troubles.
The first suit fled was that in re
Woodend & Co. II appears from
the papers in the case that a petition
was filed in the United States district
court for the Southern district Of New
York. sitting IN New York city. on
April IS, 1904, requesting that William z.
Woodend should be adjudged bank
rupt. and that on May "a he was ad-
judged as such.
The papers further show that on April
10. 1904. prior to the fling of the petition
in bankruptcy in the New York court,
Moses & Sons entered an attachment
suit for rent before Charles S. Bundy, a
local Justice of the peace, and attached
a large part Of the property owned by
WoOdend in this city. The defendant in
this latter proceeding being a non-resi-
dent. they were obliged to proceed
against him by publication.
Before Moses 81 Sons obtained Judg-
ment, Wood,nd was adjudged bankrupt.
Ali of the property not attached by
Moses was claimed by Thomas +.
Walsh. the owner of the Colorado Build
inc araf AWnOfp0n having had his
Office in this city in that building.
Receiver Named.
The United states district court for
New York, prior to the adjudication in
bankruptcy. but after the petition had
been filed, appointed Abraham Gruber,
a well-known New York lawyer, and a
member Of the firm of Black. Olcott,
Gruber & Boynyne, receiver in bank
ruptcy. He was directed to take such
steps as he thought necessary to Sc
cure all Of the property owned by
Through his attorneys here. he en-
deaYored TO get possession Of the prop
erty by peaceable means. AS he failed
in this, Judge Holt. sitting in the United
States district court for New York, Is
sued a rule against Moses & Sons and
Thomas s. Walsh. requiring them TO
appear before him and show cause why
they should not surrender the property
mentioned. The judge claimed that he
had jurisdiction 10 do this, notwith-
standing the fact that his court In
some respects is bound by certain ter
ritorisl lines ORon, a hear hearing + OF s,I the
scented. and the Judge passed an order
10 this effect
Receivers Contentious.
The present petition in this District
is filed. the receiver claiming that by
several clauses Of the bankruptcy act
the levy made by Moses & Sons is dis
solved by the adjudication I'm bankrupt
cy. and that the landlord must enforce
whatever lien he has in the bankruptcy
court and not otherwise IL is the claim
OF the attorneys for the receiver that
the Supreme Court Of the District Of
Columbia acting as bankruptcy
court. has power TO adjudge the attach
ment dissolved, to enjoin Moses from
further prosecuting the suit, and 20
compel Walsh TO deliver up 10 the, re-
ceiver In bankruptcy all property which
he has belonging TO WOOdend.
The petition is, in fact and In gener-
al, TO aid the New York court IN en-
property The petition prays that the
court in this District may use its an
cillaIy jurisdiction In bankruptcy.
A Similar Question.
The other case is entitled IN re
ford & Co. were stock brokers in
New York and washington, residing in
New York. Their Office in this city
was in the sun Building. on + Street.
On May IL last a petition in inv0lun-
tary bankruptcy was filed in the United
States district court for the Southern
district Of New York, sitting I'm New
York city. praying that they might he
adjudged bankrupt. on the same day
the court appointed Robert G.. Morris,
late United States agent I'm charge of
the claims OF the United States against
Venezuela and a member OF the law
firm of Morris & Fay, OF New York. re-
ceiver in bankruptcy. and entered a
similar order 10 that entered in the
Woodend case.
on the same day, Upton u. Ridenor.
acting for the estate OF r. O. Holtz-
man filed suit for rent, before Samuel
g Mills. justice OF the peace. and at
tached a large part Of the property I'm
Floyd. Crawford K Co. s place Of busI-
ness in this city. The remaining prop
erty was subsequently turned over to
the attorneys for the receiver by another
attaching creditor, without extensive
litigation.
Suit Filed.
An adjudication I'm bankruptcy was