Bolander v. Gentry

By the Court, Sawyer, C. J. : This is an action to recover certain personal property, seized on the 29th of May, 1867, by the defendant, who was Sheriff of Nevada County, as the goods of one Wiedero, under an attachment issued in the suit of Dinkelspeil v. Wiedero. The answer alleged the seizure in the character of Sheriff, and that the goods were at the time the property of Wiedero.

Subsequently the defendant filed a supplemental answer, in which he averred, that since the commencement of the suit, on the 29th of July, 1867, one Henry Epstein filed bis petition in bankruptcy in the District Court of the United States, against said Wiedero, setting forth that he was a creditor of Wiedero, and the other facts required by the Act of Congress to establish a uniform system of bankruptcy in the United States, and averring that, on the 24th of May, [109186]7, said Wiedero, being possessed of certain goods, wares, and merchandise, consisting of watches, jewelry, etc., in a store at Grass Valley, did make an assignment, sale, and transfer of the whole thereof to Bolander & Getz, said plaintiffs, with intent to delay, hinder, and defraud his creditors ; that the same was done in contemplation of insolvency, with a view to hinder, etc., his creditors, and defeat the operation of said Act of Congress; that said Court made an order requiring said Wiedero to appear before said Court on the 12th of August, 1867, etc.; that said Wiedero appeared and answered, and, upon hearing, was adjudged and declared a bankrupt, etc.; that one Hyde was duly appointed assignee in bankruptcy of Wiedero, and all the estate, real and personal, of which Wiedero was the owner on the 29th of July, 1867, assigned to said Hyde; that in pursuance of said assignment, and said Act of Congress, said assignee made a demand upon defendant for the possession of the said property in dispute in this action, and took the whole of said property from defendant, and the said assignee is now in possession thereof; that said property referred to in said petition in bankruptcy, and in the complaint in this action, was, at the time of said transfer by Wiedero to Bolander & Getz, all the property owned by said Wiedero, and that said Bolander & Getz well knew that it was all the property said Wiedero had, and knew that he at the time owed other debts amounting to upwards of four thousand dollars, and was utterly insolvent; also avers, that the facts set forth in the petition in bankruptcy are true, and that this came to his knowledge since the filing of the original answer in this case. On motion of plaintiffs the supplemental answer was stricken out as irrelevant and impertinent, and constituting no defense—to which action defendant excepted.