Page:Federal Reporter, 1st Series, Volume 7.djvu/595

 IN BE BEAB. " S 83 �of the special character of this elastic webbing, which deter- mines its use, and of its having been classified ever since 1842 in a small class of elastic goods, and so treated by the su- preme court, I do not feel justified in changing the classifica- tion, and therefore hold that these goods were subject to a duty of 35 per .cent. �In compliance with the stipulation of the parties, the case must be sent to an assessor to ascertain the damages, and it is so ordered. ���In re Bbae and others, Bankrupts. {Circuit Court, S. D. New York. April 26, 1881.) 1. Iw RE Beah, 5 Fed. Rep. 53, Affibmed. �In Bankruptcy. �George Bell, for Holmes, Booth & Haydens. �F. W. Hendricks, for the assignee in bankruptcy. �Blatchfobd, C. J. It must be held that the district court was right in deciding that the petition in bankruptcy was filed as early as 12 h. on the eleventh of March, and there- fore before the execution reached the sheriff, That being 80, the crediter acquired no lien by virtue of the execution as against the assignee in bankruptcy, and the order of January 22, 1881, was correct in dismissihg the petition of Holmes, Booth & Haydens, with costs, and the prayer for its reversai must be denied, with costs. ��� �