In re S. Ah Mi

Citations

• 3 D. Haw. 176

Syllabus

<p>Lien of judgment creditor — Attorney’s lien on judgment — Jurisdiction of bankrupt court to approve sale by officer levying execution — Fees and expenses of such officer:</p> <p>Judgment was obtained by a creditor against the bankrupt more than four months previous to adjudication, and execution taken out and levy made within the four months. Sale of the property had been advertised and was about to be made, at the date of adjudication. On motion of plaintiff and for saving of expense to the estate, the court of bankruptcy ordered the officer making the levy to proceed with the sale.</p> <p>B'eld, that under the circumstances no lien in the bankrupt property levied upon was created in favor of the plaintiff.</p> <p>Also, that plaintiff's attorneys had no lien on said judgment.</p> <p>Also, that as such officer was acting for the time being as the agent of the bankrupt court, the question of the approval of the sale made by him should be considered on its merits so far as such court is concerned, but that his claim for fees and expenses should be referred to the bankruptcy court proceedings.</p>