U.S. Court of Appeals for the Second Circuit, 1908

In re W. J. Schmidt & Co.

In re W. J. Schmidt & Co.
U.S. Court of Appeals for the Second Circuit · Decided December 15, 1908 · Coxe, Lacombe, Ward
165 F. 1006; 1908 U.S. App. LEXIS 4828; 91 C.C.A. 665

In re W. J. Schmidt & Co.

Opinion of the Court

PER CURIAM.

There is no need to discuss the constitutional questions which have been argued. We are satisfied that the language used by Congress in the sixty-seventh section of the bankrupt act (Act July 1, 1898, c. 541, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3450]), providing that levies under judgment within the period named “shall be deemed null and void’’ was not intended to deprive state’s officer of his statutory fees, accruing prior to bankruptcy, under proceedings in the state courts, which were in all respects regular and in accordance with the state law and practice. The order is affirmed.

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