United States Supreme Court Cases & Opinions

U.S. Supreme Court

Peck v. Jenness, 48 U.S. 7 How. 612 612 (1849)

Peck v. Jenness

48 U.S. (7 How.) 612

Syllabus

The proviso of the second section of the bankrupt act passed on 19 August, 1841, preserves all liens which may be valid by the laws of the states respectively.

In some of the states, attachments are issued on mesne process by which the property seized is held to await the result of the suit. This constitutes a lien, which is saved by the proviso in the bankrupt act.

The various kinds of liens explained.

Therefore, where an attachment was issued and the defendants afterwards applied for the benefit of the bankrupt act, a plea of bankruptcy was not sufficient to prevent a judgment from being rendered condemning the property under attachment.

The fourth section of the statute, if it stood alone, would make a plea of bankruptcy a good plea in bar in discharge of all debts, but if the whole statute be construed together, this is not the result.

A rejoinder setting forth that the district court of the United States had decided that the attachment was not a valid lien upon the property was not a good rejoinder.

The district court could not oust the state court of its jurisdiction, which had already attached.

Peck and Bellows were residents of the Town of Walpole, in the County of Cheshire and State of New Hampshire. Jenness, Gage, and Company resided in Boston.

The facts in the case are sufficiently set forth in the opinion of the Court.

Page 48 U. S. 618