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O'BRIEN V. WELD, 92 U. S. 81 (1875)

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O'Brien v. Weld, 92 U.S. 81 (1875)

O'Brien v. Weld

92 U.S. 81


1. W. & Co., having recovered judgment in a state court, sued out an execution thereon, which was levied upon the property of the defendant. He was subsequently declared a bankrupt, and an injunction issued by the district court of the United states restraining W. & Co. and the sheriff from disposing of that property. W. & Co. thereupon filed their petition in the latter court praying that the injunction be so modified as to allow the sheriff to sell. An order was made granting the prayer of the petition, prescribing the time and manner of the sale, and directing that the proceeds should be brought into the district court. This order was served upon the sheriff, who, pursuant thereto, sold the property, and paid the proceeds into court. Held that the sheriff was not liable to W. & Co. for not paying the money to them upon their execution.

2. The question whether, under the Bankrupt Act, the district court had authority to make the order, and the decision of the highest state court adverse to that authority, are sufficient to sustain the federal jurisdiction.

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