Hill v. Harding

Citation107 U.S. 631,2 S.Ct. 404,27 L.Ed. 493
PartiesHILL v. HARDING and others
Decision Date19 March 1883
CourtUnited States Supreme Court

George W. Brandt, for plaintiff in error.

Adolph Moses, for defendant in error.


The material facts, as appearing by the record of this case in the supreme court of Illinois, are as follows:

On the sixteenth of March, 1877, the original plaintiffs, in accordance with the statutes of Illinois, and upon the affidavit of one of them that the defendant was indebted to them in the sum of $8,264 for services as attorneys at law, and that he was a resident of Illinois, and was about fraudulently to conceal, assign, or otherwise dispose of his property or effects so as to hinder or delay his creditors, sued out from the circuit court of Cook county a writ of attachment against him, upon which his real estate was attached. On the twenty-eighth of March, 1877, in accordance with those statutes, he dissolved the attachment by giving bond with sureties to pay to the plaintiffs, within 90 days after judgment, the amount of any judgment which might be rendered against him on a final trial in the suit. On the twelfth of April, 1878, a verdict was returned for the plaintiffs in the sum of $3,500, and the defendant moved the court to set it aside and grant a new trial. On the seventh of May, 1878, he- filed in the cause a duly-attested copy of an order, dated the first of May, 1878, adjudging him a bankrupt under the bankrupt act of the United States.

On the eleventh of May, 1878, before judgment on the verdict, the defendant suggested the adjudication in bankruptcy (which was admitted) and applied to the state court, under section 5106 of the Revised Statutes, for a stay of proceedings to await the determination of the court in bankruptcy upon the question of his discharge. On the as well as the motion for a new trial, as well as the motion for a new trial, and rendered judgment against him on the verdict, and afterwards allowed a bill of exceptions which stated the facts above recited. That judgment was affirmed by the appellate court for the first district of Illinois on the nineteenth of November, 1878, and by the supreme court of Illinois on the eighteenth of November, 1879. The opinion of the supreme court is reported in 93 Ill. 77. On the sixth of January, 1880, the defendant sued out this writ of error.

At October term, 1880, of this court, the defendants in error moved to dismiss the writ of error, because at the time it was sued out the plaintiff in error had been discharged from the obligation of the debt to them; and the assignee in bankruptcy moved to substitute his name for that of the bankrupt as plaintiff in error. By the papers submitted with these motions, it appeared that the assignment in bankruptcy was made on the seventeenth of June, 1878, and a certificate of discharge granted to the bankrupt on the fifteenth of September, 1879. The court overruled both motions, but granted leave to the assignee to be heard by counsel at the argument on the merits, as to all matters affecting the estate of the bankrupt.

The record clearly shows that a privilege under section 5106 of the Revised Statutes was claimed by the original defendant, and was denied by the highest court of the state. There can therefore be no doubt of the authority of this court to revise the judgment.

The section in question is as follows:

'No creditor whose debt is provable shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge; provided there is no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge; and provided also that, if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the purpose of ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed.'

The terms of this enactment are as broad and as peremptory as possible. 'No creditor whose debt is provable shall be allowed to prosecute to final judgment' any suit thereon against the bankrupt; and such suit 'shall, upon the application of the bankrupt, be stayed.' This provision, like all laws of the United States made in pursuance of the constitution, binds the courts of each state as well as those of the nation. Upon the application of the bankrupt to the court, state or national, in which the suit is pending, it is the duty of that court to say the proceedings 'to await the determination of the court in bankruptcy on the question of the discharge,' unless there is unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, or unless, the amount of the debt being in dispute, the ...

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58 cases
  • Riehle v. Margolies 1929
    • United States
    • U.S. Supreme Court
    • 8 Abril 1929
    ...amount of the debt provable against the estate. Norton v. Switzer, 93 U. S. 355, 363, 364, 23 L. Ed. 903. Compare Hill v. Harding, 107 U. S. 631, 2 S. Ct. 404, 27 L. Ed. 493. A judgment in a state court against a receiver, pursuant to section 66 of the Judicial Code (28 USCA § 125), establi......
  • In re Raphael
    • United States
    • U.S. District Court — District of New Jersey
    • 11 Agosto 1999
    ...purports to override the Anti-Injunction Act, it is not as broad as it may first appear. The Court discussed Hill v. Harding, 107 U.S. 631, 633, 2 S.Ct. 404, 27 L.Ed. 493 (1883), which distinguished a stay of court proceedings from vacating a state court judgment. The Hill Court determined ......
  • Allard v. Estes
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 26 Septiembre 1935
    ... ... Bankruptcy Act. Bissing v. Turkington, 113 Conn ... 737, 742, 157 A. 226, 81 A.L.R. 146. In Hill v ... Harding, 107 U.S. 631, 633, 2 S.Ct. 404, 406, 27 L.Ed ... 493, in discussing the stay of proceedings in state courts, ... it was said: ‘ ... ...
  • Union Trust Philadelphia, LLC v. Singer Equip. Co. (In re Union Trust Philadelphia, LLC)
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 3 Noviembre 2011
    ...proceedings in state court, it does not possess any power to vacate a judgment of the state court. Id. (citing Hill v. Harding, 107 U.S. 631, 633, 2 S.Ct. 404, 27 L.Ed. 493 (1883)). Therefore, so long as a bankruptcy court does not seek to vacate a state court judgment, the Anti–Injunction ......
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