Opinion

In re Warner

  • 144 F. 987
  • 1906 U.S. Dist. LEXIS 284
Court
District Court, D. Connecticut
Filed
Apr 17, 1906
Status
Published
Author
Platt
On the bench
Platt
Cited by
11 cases
Authority
More cited than 85.7%

The opinion

PLATT, District Judge.

In this matter the equities attaching to all creditors are equal, except in this, that the attaching creditoi may *989 be entitled to a little greater consideration for his diligence in following his debt. If nothing prevented, the ride that, when the exact hour at which two events occurred can be known, the court will use such knowledge in the interest of justice, would appeal to the conscience of the court. It happens, however, that section 31 of the act under which we are proceeding (Act July 1, 1898, c. 541, 30 Stat. 554 [U. S. Comp. St. 1901, p. 3434]) stands in the way, and states explicitly the rule which must be followed, and when we apply that rule to the case in hand, and exclude the day of adjudication as we reckon backwards toward the date of attachment, we find that the attachment came within the four months and was dissolved by the adjudication.

The decision of the referee is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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