¶1The bankrupt act of the United States provides that the filing of the petition shall be deemed the commencement of proceedings in bankruptcy; that the assignment of the bankrupt’s property by the register shall dissolve any attachment “ made within four months next preceding the commencement of the bankruptcy proceedings; ” and that any conveyance by the bankrupt, in fraud of the bankrupt act, “within four months before the filing of the petition by or against him,” shall be void. U. S. Rev. Sts. §§ 4991, 5044, 5128. U. S. St. March 2, 1867, §§ 14, 35, 38. It has been adjudged by the Supreme Court of the United States that such a conveyance, made on December 8, 1869, was “ within four months before ” a petition filed on April 8, 1870. Dutcher v. Wright, 94 U. S. 553. That *493adjudication as to the construction of an act of Congress is conclusive, and renders further discussion superfluous. It necessarily follows that the attachment in the present case, having been made on September 9, 1876, was “ within four months next preceding ” the commencement of proceedings in bankruptcy by a petition filed on January 9, 1877, and that the judgment of nonsuit must be Affirmed. ■
124 Mass. 491
Richards v. Clark
Massachusetts Supreme Judicial Court
Decided June 27, 1878
Massachusetts Supreme Judicial Court · decided 1878-06-27
Contract upon a promissory note for $1000, dated August 23, 1876, made by the defendant, and payable to the plaintiff on demand, with interest. Answer, a general denial. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows : The action was defaulted when reached for trial.
Relies on Dutcher v. Wright
Good law ✅— No negative treatment on recordhow we know
Decided 1878-06-27
How this case has been cited
Cited by 4 later decisions — most recently December 1929
2 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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