Samuel Freeman Miller

“ A marshal who levies an attachment from a circuit court of the United States, in a suit of which it has complete jurisdiction, upon goods subject at the time to such attachment, is not, I think, liable in trover and conversion for their value, upon his refusal, in the absence of any direction of the court under whose writ they were seized, to surrender possession ”

“ Nobody is required by the statute to do so unless he thinks it is to his interest. The creditor who executes such a release gets his share of the property assigned, while the one who does not receives nothing, unless there may be a surplus left after the payment of the releasors, but he is not hindered or delayed in obtaining a judgment against the debtor, or in levying upon any other property, if such can be found, not conveyed by the instrument, or upon any afterwards acquired by the debtor. ”

“ This is conceived to be a clear and accurate presentation of the doctrine of the preceding cases, and it will be seen that the substance of the restrictive principle goes no further than to prohibit, or to make invalid, the discharge of a debt held by a citizen of another state than that where the court is sitting, who does not appear and take part, or is not otherwise brought within the jurisdiction of the court granting the discharge. ”

“ Bennett
This is a writ of error to the supreme court of the state of Minnesota. The principal point raised by the assignments of error is that an act of the legislature of that state approved March 7, 1881, c. 148, is repugnant to the constitution of the United States so far as it affects citizens of states other than Minnesota. ”

“ After reciting the circumstances under which that motion was made, he said: 'It is by virtue of this seizure that the marshal holds the property. On this statement of the facts, I shall not decide on this motion who has the better title and right to the possession of the property taken. * * * The writ of attachment properly issued in this suit against the debtor, and, if the marshal has seized the property which belonged to Bennett, he is certainly liable in an action of trespass for the damages thereby sustained.' Lapp v. Van Norman, 19 Fed. Rep. ”

“ The states may legislate as to contracts thereafter made, as they may see fit. It is only those in existence when the hostile law is passed that are protected from its effect.' See, also, Railroad Co. ”