Stevens v. Fuller

• Decision Date: 19 May 1890
• Parties: STEVENS v. FULLER
• Court: U.S. Supreme Court

136 U.S. 468

10 S.Ct. 911

34 L.Ed. 461

STEVENS v. FULLER.

May 19, 1890.

Wm. E. Jewell, for appellant.

E. W. Hutchins and H. Wheeler, for appellee.

BLATCHFORD, J.

This is an appeal by William J. Stevens from an order of the circuit court of the United States for the district of Massachusetts, refusing to discharge him from custody on a writ of habeas corpus. The following are the material facts: William G. Fuller having recovered a judgment against Stevens in the circuit court of the United States for the district of Massachusetts for $18,000, an execution was issued thereon to the marshal, which commanded him, if he could find no property belonging to Stevens, to take his body and commit him to jail. Accompanying that execution was an affidavit made by Fuller that the Judgment in question amounted to $20, exclusive of costs, and that $20 remained uncollected, and that he believed, and had good reason to believe, that Stevens had property not exempt from execution, which he did not intend to apply to the payment of the judgment claim, and that he intended to leave the state and district of Massachusetts. Thereupon a commissioner of the circuit court certified that, after due hearing, he was satisfied that there was reasonable cause to believe that the charge made in the affidavit was true, and that, satisfactory cause having been shown, he thereby authorized the arrest of Stevens, if his arrest was authorized by law, to be made after sunset. Stevens was arrested and brought before Henry L. Hallett, a United States commissioner for the distict of Massachusetts, who interrogated him, and he declared that he did not desire to take any oath, or to recognize or to give bail for his appearance at any time, and he failed to recognize or give bail. Thereafter the commissioner gave notice to Fuller that Stevens desired to take the oath for the relief of poor debtors, at a time specified and appointed, at the office of the commissioner. Stevens then gave a recognizance for his appearance at such time and place, to be examined. He duly appeared and submitted to be examined, protesting that the commissioner was not authorized by law to order him to be examined touching his property, and stating that he did not waive any informalities in his arrest or in any of the other proceedings. His examination was begun and continued for some time. In the course of it he offered evidence from the court of insolvency for the county of Suffolk, in the district, that proceedings in insolvency had been begun by him and were then pending. Thereupon >>Fuller filed with the commissioner charges of fraud against Stevens, alleging that Stevens, since he had contracted the debt for which the judgment was rendered, had fraudulently conveyed, concealed, or otherwise disposed of some part of his estate with a design to secure the same to his own use and to defraud his creditors, and specifying the particulars of seven different conveyances of land, and a mr tgage of land, and three payments of money, by him with such design. The examination of Stevens as a poor debtor was suspended by the commissioner, and a hearing was had before him on such charges of fraud. Stevens put in a plea of want ofjurisdiction as to such charges, on the ground that alll the transfers of property but one were made by him in the state of New Hampshire, and while he was an inhabitant thereof, and not within the jurisdiction of Massachusetts, or of any court or magistrate therein, and that at the time of thefiling of such charges he had been adjudged an insolvent debtor under the laws of Massachusetts, by the judge of the court of insolvency for Suffolk county, and all of his right, title, and interest in the property mentioned in the charges of fraud had become vested in said court of insolvency. At the same time he filed with the commissioner a motion to quash the charges, on the ground that it appeared therefrom that the property alleged was conveyed by him while he was a resident in and a citizen of New Hampshire, and was conveyed by him in New Hampshire, and not within the jurisdiction of the courts of Massachusetts or of the commissioner, or of the circuit court of the United States, for the district of Massachusetts, and that he could not be tried by such commissioner, or sentenced by him thereon, if found guilty; and also because all of the charges were vague, and did not with sufficient certainty set forthe any fraudulent transfer of any property belonging to him. Afterwards an assignment in insolvency of the estate, real and personal, of Stevens was made by the judge of the court of insolvency to duly appointed assignees. After the close of the testimony before the commissioner on the charges of fraud, and before his decision thereon was rendered, Stevens requested that his examination as a poor debtor be again taken up, and he be allowed to offer evidence of his releases and conveyance to his assignees in insolvency, at their request, of all his title to the estates so charged to have been fraudulently conveyed by him, and requested also that he be allowed to complete his own examination as a poor debtor; which requests...