Arnold v. Hatch

This was an intervening petition by the defendant in error, Lewis Hatch, filed in the district court for the northern district of Illinois, in the case of Joseph G. Heim, Receiver, v. Frank W. Hatch, praying for the release by the marshal and a return to petitioner of a large amount of cattle and other farm property alleged to belong to him, and levied upon by the marshal as the property of Frank W. Hatch.

The cause originated in an action begun in the district court for the northern district of Illinois, by Joseph G. Heim, as receiver of the First National Bank of Southbend, Washington, against Frank W. Hatch, to enforce against the defendant an individual liability as a stockholder of the bank, which had become insolvent. Defendant having made default, a judgment was rendered against him in the sum of $4,351.09 and costs, for which an execution was issued and levied upon the cattle and other farm property in dispute. Whereupon Lewis Hatch, the father of Frank W. Hatch, filed this petition, to which the plaintiff in error, John W. Arnold, marshal for the northern district of Illinois, made answer, denying the petitioner's ownership of the property, and admitting his levy upon it as the property of Frank W. Hatch.

The case came on for trial before a jury, and resulted in a verdict for the petitioner, upon which judgment was entered. On writ of error from the circuit court of appeals this judgment was affirmed. 60 U.S. App. 659, 89 Fed. Rep. 1013, 32 C. C. A. 602. Whereupon plaintiff in error, Arnold, sued out a writ of error from this court.

Mr. Kenesaw M. Landis for plaintiff in error.

Mr. George A. Dupuy for defendant in error.

Mr. Justice Brown delivered the opinion of the court: