Bachrack v. Norton - 132 U.S. 337 (1889)


U.S. Supreme Court

Bachrack v. Norton, 132 U.S. 337 (1889)

Bachrack v. Norton

No. 116

Argued and submitted November 15, 1889

Decided December 9, 1889

132 U.S. 337

Syllabus

An action on a marshal's bond to recover damages for the wrongful taking of goods under an attachment issued out of a circuit court of the United States, is a case arising under the laws of the United states, and is within the jurisdiction of a circuit court of the United States without averment of citizenship of the parties. Feibelman v. Packard, 109 U. S. 421, affirmed and applied.

In the absence of a statute forbidding it, an assignment for the benefit of creditors may be made to an assignee who is not a citizen or resident of the state where the assignment is made or the debtor resides.

It having been held in Cunningham v. Norton, 125 U. S. 77, that the Act of Texas of March 24, 1879, was intended to favor general assignments by insolvents for the benefit of their creditors and to sustain them notwithstanding technical defects, it is now held that there is nothing in the sixth section of the act, directing the assignee's bond to be filed with the county clerk of "his" county, to indicate a legislative intent that an assignee under such an assignment must necessarily be a citizen or resident of the state.

Page 132 U. S. 338



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