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[Download] "William Nelson, A Petitioner in Bankruptcy v. Daniel Carland" by United States Supreme Court # Book PDF Kindle ePub Free

William Nelson, A Petitioner in Bankruptcy v. Daniel Carland

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eBook details

  • Title: William Nelson, A Petitioner in Bankruptcy v. Daniel Carland
  • Author : United States Supreme Court
  • Release Date : January 01, 1843
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

In the case of William Nelson, petitioner in bankruptcy in the Kentucky district, against Daniel Carland, an opposing creditor, several points were adjourned by the District to the Circuit Court. Upon the hearing in the last-mentioned court, the district judge, as well as the justice of the Supreme Court, sat in the case; and being opposed in opinion upon the questions adjourned, they were certified to this court upon the motion of the counsel for the petitioner. The first question that presents itself upon this certificate is, whether the Supreme Court have jurisdiction in the matter in this form of proceeding. And after examining the printed argument filed by the counsel for the petitioner, and carefully considering the subject, the court are of opinion that the district judge cannot sit as a member of the Circuit Court, upon questions adjourned to that court, under the 'Act to establish a uniform system of bankruptcy throughout the United States;' and that, consequently, the points adjourned cannot be brought before this court by a certificate of division. Nor will an appeal or writ of error lie from the decision of the Circuit Court; and it is conclusive upon the district judge.


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