Joseph P. Bradley

“ If a non-resident assignee should for any reason be deemed an improper person to act as such, the court having jurisdiction of the matter could, according to the laws of Texas, as, remove him, and appoint another in his place. It was the object of the act of 1879 to uphold, rather than to set aside, assignments; to aid defects, rather than to allow them to defeat the purpose of the debtor and the rights of his creditors. ”

“ Independently of a statute on the subject, we do not see why, as a mere matter of law, an assignment should be held void because the assignee is not a citizen or resident of the state where the assignment is made and the debtor resides, provided he complies with the conditions prescribed by the law. A citizen or resident of another state may, in a particular case, be a very proper assignee. A large part of a debtor's assets may be located in a state other than that in which he resides. ”

“ The judgment must be reversed, and the cause remanded, with instructions to overrule the exceptions, and take such further proceedings in the case as to law and justice may appertain.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”