William R. Day

Name: Re Wood and Hendersons — Dissent
Author: William R. Day

Summary

“Re Wood and Hendersons — Dissent”, is a work by William R. Day. It explores elements such as jurisdiction, bankruptcy and district.

Quotes from Re Wood and Hendersons — Dissent (William R. Day)

William R. Day, Re Wood and Hendersons — Dissent

“ If this be so, what becomes of the protection given by article 7 of the Amendments to the Constitution, that, 'in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved?' Even if an action has to be brought to obtain the process of execution in the state where the alleged debtor resides, of what significance is it if the amount which is to be recovered is already settled, not by a jury, but by a court, acting independently, and in a prior proceeding? ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ That the claimant is an estate and in the hands of a trustee or receiver does not change the nature of the proceeding. Suppose one of our large railroad properties is in the hands of receivers,-can it be tolerated that the amount of the indebtedness by any individual to that estate can be determined absolutely by the court without a jury? ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ When an individual, not an inhabitant of the state or district, and not found therein, is sought to be charged by reason only of his indebtedness to a defendant duly served, jurisdiction is not acquired by mere service of notice outside the state, for the fact of indebtedness does not bring him within the jurisdiction of the court. While, for some purposes, the situs of a debt may accompany the creditor, yet that situs is not sufficient to give to a court jurisdiction of a personal action against the debtor ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ If the benefit of a trial by jury can in that way be taken away, it will take but little ingenuity on the part of lawmakers to provide for the total destruction of the right of trial by jury,-a right which has been considered of priceless benefit in all English-speaking nations, and the protection of which is imbedded in the national as well as state Constitutions. ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty, for services to be rendered, the transaction shall be re-examined by the court on petition of the trustee or any creditor, and shall only be held valid to the extent of a reasonable amount, to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate.' 30 Stat. ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ One is that the bankruptcy court, after an examination, may find that there is reason to believe that the attorneys have been paid an excessive sum, and direct the trustee to proceed by action in any court acquiring jurisdiction of the persons of the attorneys to recover what, by that court, shall be adjudged excessive. ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ An attorney rendering services becomes thereby a creditor of the client; and, if he is paid more for the services than they are worth, he has received as creditor more than he is entitled to, and comes within the spirit, if not the letter, of § 60a, which provides that 'a person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition . ”

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Source: Wikisource

William R. Day, Re Wood and Hendersons — Dissent

“ A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments thereon. Their motto should be obsta principiis.'
Again, it is said that an excessive prepayment to an attorney does not come within the technical definition of a preference, as stated in § 60:
'Sec. 60a. ”

William R. Day

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