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HILL V. HARDING, 130 U. S. 699 (1889)

U.S. Supreme Court

Hill v. Harding, 130 U.S. 699 (1889)

Hill v. Harding

No. 253

Submitted April 16, 1889

Decided May 13, 1889

130 U.S. 699




If an attachment of property in an action in a state court is dissolved by the defendant's entering into a recognizance, with sureties, to pay, within ninety days after any final judgment against him, the amount of that judgment, and the defendant, after verdict against him, obtains his discharge in bankruptcy upon proceedings commenced more than four months after the attachment; the Bankrupt Act does not prevent the state court from rendering judgment against him on the verdict, with a perpetual stay of execution, so as to leave the plaintiff at liberty to proceed against the sureties.

Page 130 U. S. 700

This was an action of assumpsit commenced by Harding and others against Hill in an inferior court of the State of Illinois, in accordance with the statutes of the state, by attachment of the defendant's real estate. The attachment was dissolved, in accordance with those statutes, by the defendant's giving bond or, more strictly speaking, entering into a recognizance, with sureties conditioned to pay to the plaintiffs

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