Page:Federal Reporter, 1st Series, Volume 6.djvu/718

 706 FBDBRAL fiEFOBTBB. �In re MicMel and another, Bankrupts. �^District Court, 8. D.Nm York. ■ ,1880.) �1. WAiyEB op Oeder of Coubt et the Parties — Effbct of Fujai, Okdbb IN Composition. �The shierifl had possession of certain property of A. and B. at- tached in the suit of C. Acreditors' petition was flled against A. and B., and the usual injunction issued against interfering with th< bankiut)ts' liroperty, which Was afterwards modifled " so as not to Tcsti^h the sherifl from selting the property in His possession : pro- fAded, that .he ghall deposit the proceeds of such sftle In the United States Trust Company, subjeotto the further order of this court." A., B. and C, and the petitioning creditors, upon whose consent tho foregoihg bi'dei'Vas entered, gave the offlcer a written waiver of the deposit in the trust company. The sherifl sold the property, and, upqn being served with a final order in composition, paid C. the amount of his judgraent from the proceeds. C-, under order of the court, paid the sum so received irito the fegistry of the court, with leave to apply for repayment of the same. Held, upon such appli- cation:, , �(1) That the order requiring the deposit of the proceeds of sale could be modifled only by the court itself, not by the parties in inter- est, and therefore the retention of the money by the sherifl was in direct violation of the order of the'court, and he could give no party to the cause any right to it whatever. �(2) That the final order in composition did not of itself dissolve the injunction, nor give the sherifl any right to apply the mbney in �: satisfaction of C.'s judgment. �(3) That the bankrupts having entirely failed to pay the composi- tion, and there being strong reason to anticipate that it would be set aside and an assignee appointed, the application of 0. at this stage of the proceedings inust be denied. �A. Bhimenstiel, for petitioner. �Armstrong e Briggs and. Mr. Palmer, toi other creditors. �Choatb, D. J. In this case a creditors' petition was filed October 30, 1877. On the twenty-fourth of October, 1877, the sheriff of New York county had attached, in the suit of one Hellman, certain goods belonging to the bankrupts, and 80 held them at the time of the filing of the petition. Pro- ceedings for a composition were taken by the bankrupts with- out an adjudication, and resulted in the acceptance and con- firmation of the composition on the fifteenth of March, 1878. ��� �