Bachrack v. Norton

Citations

• 132 U.S. 337
• 10 S. Ct. 106
• 33 L. Ed. 337
• 1889 U.S. LEXIS 1882

Syllabus

<p>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 with- ' in 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.</p> <p>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 oír resident of the State where the assignment is made or the debtor resides.</p> <p>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.</p>