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Straton v. New, 283 U.S. 318 (1931)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Straton v. New, 283 U.S. 318 (1931)
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Straton v. New No. 137 Argued March 3, 1931 Decided April 20, 1931 283 U.S. 318
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. Where creditors have obtained and docketed judgments constituting liens on the real estate of their debtor, and have instituted a creditors’ suit in a state court to marshal the liens and enforce them by a sale of the real estate, the bankruptcy of the debtor, occurring more than four months after the institution of the creditors’ suit, does not oust the state court of jurisdiction, nor vest in the court of bankruptcy power to enjoin further proceedings in the state court. Pp. 320, 323.
2. The state court proceeding described in the certificate in this case, when examined with the West Virginia statutes upon which it is based, is found to be a suit by a judgment creditor for the enforcement of the lien of his judgment on the debtor’s real estate, in which all liens of creditors on such real estate are ascertained and marshalled and the realty sold for their satisfaction. It is not of the class of proceedings under state insolvency laws which are suspended by the federal Bankruptcy Law. P. 327.
Response to a question certified, upon an appeal to the court below from an order of the district court, in bankruptcy. The order enjoined commissioners of a West Virginia court from selling certain real estate pursuant to its decree.
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Chicago: U.S. Supreme Court, "Syllabus," Straton v. New, 283 U.S. 318 (1931) in 283 U.S. 318 283 U.S. 319. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=G8LDIE18WZ5VFWC.
MLA: U.S. Supreme Court. "Syllabus." Straton v. New, 283 U.S. 318 (1931), in 283 U.S. 318, page 283 U.S. 319. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=G8LDIE18WZ5VFWC.
Harvard: U.S. Supreme Court, 'Syllabus' in Straton v. New, 283 U.S. 318 (1931). cited in 1931, 283 U.S. 318, pp.283 U.S. 319. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=G8LDIE18WZ5VFWC.
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