In re Gold Mountain Min. Co.
In re Gold Mountain Min. Co.
Opinion of the Court
In this case one Morrison had, before the commencement of the proceedings in bankruptcy, obtained a judgment against the bankrupt, issued execution and levied on property which he was about to sell. At the instance of the creditors, his proceedings were stayed until the appointment of an assignee. An assignee having been appointed the property was sold, and the proceeds brought into court. The judgment-creditor now moves that these proceeds, or so much thereof as may be necessary, be applied to the satisfaction of his debt. ■
The validity of the judgment is not impeached. The creditor, therefore, had acquired before the bankruptcy a valid lien which this court is bound to respect and enforce.
The only objection urged against his application is that an appeal has been taken from the judgment in question. But no bonds have been executed by the appellant, as required by law, to cause the appeal to-operate as a stay of proceedings. The judgment-creditor, therefore, had, at the time of the bankruptcy, the unquestionable right to
The motion of the judgment-creditor is granted.
Reference
- Full Case Name
- In re GOLD MOUNTAIN MIN. CO.
- Status
- Published