Page:Federal Reporter, 1st Series, Volume 10.djvu/912

 900 FEDERAL REFOKTEB. �ToRRENS V. Hammond and another, Trustees, eto. ICircuit Court, D. Maryland. March 9, 1882.) �1. Insolvbnct— Fonds ik Hands of Assignees— Not Attachablb bt Foiieign �Obeditoes. �The funds in the hands of the assignees, appointed by the court as trustees in insolvency prooeedings, under state insolvent laws, are not subjeot toattach- ment by non-resident creditors of the insolvent. �2. Samb— Validity op Assignmbnt— Rule op Decision. �The supreme court of the United States having recognized the validity of assignments under the state insolvent laws to defeat liens attempted to be acquired by non-resident creditors, subsequently attaching ; and having deoided as to such assignments of property within the state that state insolvency laws are not repugnant to the federal constitution, which prohibits statesfrom pass- ing laws impairing the obligation of contracts, — no reason exists why prier decisions of the supreme court of the state, though long acquiesced in, hold- ing a contrary doctrine, should continue to be the rule of judicial decision. �3. Bankrupt Act — Bffect on 8tate Insolvent Laws. �The adoption of the United States bankrupt act merely suspended the opera- tion of state insolvent laws. �4. State Insolvent Laws — Amendment. �Where the operation of the state Insolvent laws, which have never been repealed, is revived by a repeal of the United States bankrupt act, a subsequent amendment effected by a repeal of the old law, and at the same instant re- enacting it with the amendments inoorporated, it cannot be held to prevent the continuons operation of the old law. �Attachment on Jiidgment. �George E. Nelson, for plaintiff, �M. S. Weil and Wm. A. Hammond, for defendants. �MoERis, D. J. The plaintiff, Torrens, a citizen of New York, sued Gallagher, a citizen of Maryland, in the United States circuit court for Maryland, on a promissory note, dated the seventeenth of January, 1877, and recovered judgment at the November term, 1881. �On July 1, 1881, Gallagher had filed his voluntary petition in the proper state court, making application for the benefit of the insolvent laws of Maryland. On that same day, Jnly 1, 1881, the garnishees in this case, Hammond and Weil, were appointed trustees, and the insolvent, under his own hand and seal, and in the form prescribed by the insolvent laws, conveyed to the trustees, for the benefit of his creditors, all his property, except such as was by law exempted. The trustees took possession of a stock of goods belong- ing to the insolvent, located in Maryland. �The plaintiff, Torrens, procured an attachment on his judgment ��� �