Pennsylvania County Court Reports Volume 25

Pennsylvania County Court Reports Volume 25

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...172 Mass. 178, and Harbaugh '2'. Costello, 184 Ill. 110, which refer specifically to the existing Federal bankrupt law. and are the most recent adjudications on the subject. But our Supreme Court has never as yet assented to this doctrine. It was asked to do so in Beck 1/. Parker, 65 Pa. 264, but it declined to make any deliverance, because, as is said in the opinion, "the important question which has been agitated, whether the enactment of a uniform law on the subject of bankruptcy by the Congress of the United States, ipso facto, suspends the operation of the insolvent laws of the different states, does not arise in the case." The same thing again occurred, with like result, in Barber 2/. Rogers, 71 Pa. 364. If there has been a nearer approach to the question by our highest court, we have failed to find it. There is nothing that we can discover requiring uniformity of decisions throughout the states on this subject. There may be contrariety without confusion, and such contrariety has existed with respect to the force of every Federal bankrupt law we have had. to a greater or less degree. Where supremacy is yielded to the Federal law when it is sought to be applied. there can be no conflict. If in Pennsylvaniawe choose to administer insolvent estates in our own way and in our own courts, when Federal authority has not actually attached the Assigned Estate of John 5. Hull. person or property of the bankrupt, we are strictly within our rights; and within these limits our state laws may operate without infringing in the slightest degree upon the Federal supremacy. Allowing the act of June 4, 1901, to be constitutional, there are cogent reasons, aside from the pure logic of the case, why it should be regarded as operative. Ne do...
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Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 123681309X
  • 9781236813091