Smalley v. Laugenour

Citations

• 196 U.S. 93
• 25 S. Ct. 216
• 49 L. Ed. 400
• 1905 U.S. LEXIS 879

Syllabus

<p>The rights of a bankrupt to exempt property are those given by the statutes of the States, and if such exempt property is not subject to levy and sale under those statutes, it cannot be made to respond under the Federal bankrupt act.</p> <p>A creditor may contest the bankrupt’s claim to exemption in the bankruptcy court, or may invoke the supervision and revision of the Circuit Court of Appeals, but, failing to do that, cannot, unless the order setting the bankrupt’s exemption apart be absolutely void, question its validity in another proceeding in the state court.</p> <p>Nor can the judgment of the state court following the order of the bankruptcy court and giving effect to the exemption be reviewed by this court on writ of error under § 709, Rev. Stat., on tne ground that plaintiff in error was denied a title, right, privilege or immunity, under the Constitution or authority of the United States specially set up or claimed in the state court.</p>