In re Montgomery Spool & Bobbin Co.
In re Montgomery Spool & Bobbin Co.
Opinion of the Court
The Montgomery Spool and Bobbin Co. was, on a creditor’s petition, adjudged insolvent by the court of insolvency for the district of Franklin. From this adjudication the company appealed, and the county court reversed the decision of the court of insolvency and dismissed the petition. The case comes to this court on exceptions by the petitioning creditors. The company moves to dismiss the exceptions, and insists that the decision of the county court is final and conclusive. The petitioners claim that the decision of the .court below may be reviewed in this court upon exceptions and cite Revised Laws ss. 1385, 1810, 1811, 1812, and No. 79 of the acts of 1888.
In re Sowles, 57 Vt. 385, it is held that these section's of the Revised Laws do not give a right of exception tp the the supreme court upon questions relating to the insolvency of the debtor. R. L., s. 1870, provides that an appeal may be taken from the decision of the court of insolvency to the county court upon the question of the insolvency of the debtor, as is provided in chapter 93, Revised Laws, for appeal from the findings of the judge; and No. 125, sec. 4, of the acts of 1884, provides that final judgment of the county court shall be conclusive. This act concludes the right of the petitioners to be heard in this court upon exceptions taken to the holding of the court below upon questions relating to the insolvency of the debtor, unless the right is given by No. 79, sec. 3, of- the acts of 1888. This act amends sec. 1812 of the Revised Laws by providing, that, when an appeal is taken from the allowance or disallowance of a claim presented against an insolvent estate, the same may pass from the county to the supreme court upon exceptions. The petitioners claim that this enactment gives them a right to be heard in this court upon exceptions, and contend, that,
The petititioners also claim that the only question heard in the court below was whether Jerry Murray was or could be a petitioning creditor, and contend that the act of 1884 makes the final judgment of the county court conclusive only upon the questions of the insolvency of the debtor, and does not affect their right to be heard in this court upon the question of whether Murray could be a petitioning creditor. The only provision for an appeal from an adjudication by the court of insolvency upon a creditor’s petition is found in the last paragraph of sec. 1870 of the Revised Laws. This provides for an appeal upon the question of the insolvency
Exceptions dismissed.
Reference
- Full Case Name
- IN RE MONTGOMERY SPOOL AND BOBBIN CO.
- Cited By
- 1 case
- Status
- Published