Page:Federal Reporter, 1st Series, Volume 6.djvu/490

 478 FEDERAL REPORTER, �BuNN, D. J. This is a suit in equity, brougbt to have a certain sale of goods by the bankrupt to defendant Bromley, had a few days previous to the filing of the petition in bank- ruptcy, declared void and set aside, and to enjoin the defend- ant Bromley from prosecuting a suit in the state courts against the other defendants, Bacon, Goodrich & Johnson, to recover damages for taking the goods from Bi-omley on attachment against the bankrupt, issued from a justice's court after the sale to Bromley and before the proceedings in bankruptcy were begun. The bankrupt was a small mer- chant, doing business in Jefferson county, and on the seven- teenth of April, 1875, being indebted to Bromley in the sum of $400, upon a promissory note given for borrowed money, and being unable to pay in cash, exeeuted a bill of sale of the remuant of his stock of groceries to pay the note, repre- senting at the time that it was ail he had to pay with, and that he did not owe any other debts. Bromley did not want the goods, but the evidence shows bouglit them in entire good faith as the only means of getting his debt. A few days after, on April 28th, Bromley having possession of the goods under the bill of sale, the other defendants, Bacon, Goodrich & Johnson, wholesale merchants in Milwaukee, caused an attachment to be issued in justice court against Giles, afterwards the bankrupt, upon a claim of $169.15, and attached the goods in the hands of Bromley, the deputy sheriff seizing them and taking them into his possession on the attachment as the property of Giles. Thereupon Brom- ley commenced an action of trespass against Bacon, Good- rich & Johnson, and one Hutchinson, the deputy sheriff, in the circuit court of Jefferson county, to recover damages for seizing the goods and taking them from Bromley under the attachment. �On May Ist, immediately following, Giles filed a voluntary petition in bankruptcy and was adjudged a bankrupt. There- upon, upon the affidavit and application of Bacon, Goodrich & Johnson, who still held the goods under the attachment, this court issued a general warrant to the marshal, as messen- ger, to seize ail the goods and property of the bankrupt, and ��� �