CALCOTE V. STANTON, 59 U. S. 243 (1855)

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U.S. Supreme Court

Calcote v. Stanton, 59 U.S. 18 How. 243 243 (1855)

Calcote v. Stanton

59 U.S. (18 How.) 243


This Court has no jurisdiction, under the 25th section of the Judiciary Act, of a case like the following, namely:

Where an assignee of some creditors of a person who had taken the benefit of the bankrupt act of the United States filed a bill against the bankrupt to set aside the discharge as void upon the ground of fraud. The defendant demurred to the bill upon the ground of staleness, want of equity, and the statute of limitations.

It does not follow that the supreme court of the state, in dismissing the bill, placed any construction whatever upon the bankrupt act, and moreover, if they did, the decision must have been in favor of the privilege set up by the bankrupt, and not against it. chanrobles.com-red

Page 59 U. S. 244


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