Lehman, Stern & Co. v. S. Gumbel & Co.

Citations

• 236 U.S. 448
• 35 S. Ct. 307
• 59 L. Ed. 666
• 1915 U.S. LEXIS 1774

Syllabus

<p>This court cannot entertain argument based on the theory that the decision of the highest court of the State is in conflict with the law of the State.</p> <p>The ruling of the highest court of the State as to enforcement of a vendor’s statutory lien is a matter of state law not reversible by this court.</p> <p>Where the vendor attached within four months, alleging a vendor’s lien under the state statute, and the state court holds that the proceedings under the vendor’s lien failed for want of possession, the lien is simply that created by ordinary attachment and garnishment and is dissolved by the express provisions of § 67f of the Bankruptcy Act.</p> <p>Where an inferior state court attempts to proceed under attachment based on a vendor’s statutory lien filed within four months of the petition and the Supreme Court of the State holds there is no vendor’s lien but only ordinary attachment, a peremptory writ of prohibition against the state , court and relegating the parties to the Bankruptcy Court is the proper practice.</p>