117 Ky. 577 | Ky. Ct. App. | 1904
Opinion of the court by
Reversing.
The appellee, G. W. Ragan, brought this action against the defendant Charles Thompson in the Henderson circuit court to enforce the payment of a note for $224.25 executed to him by defendant Thompson on the 20th of January, 1898, and at the same time sued out a general attachment upon the ground that both he and the defendant were residents of the State of Indiana, which was levied by the sheriff upon an undivided one-third interest- owned by him in sixteen head of cattle and twelve head of hogs, which were subsequently sold under an order of the judge of the Henderson circuit court for the sum of $215. On the 9th of May following, the appellant Jefferson D. Smith of Evansville, Ind., filed his petition to be made a party to the proceeding, and alleged in substance that,, immediatély after the levy of the attachment, Charles Thompson filed his voluntary petition in bankruptcy in the District court of the United States for the District of Indiana, and that on the 7th day of March, 1900, he had been adjudged a bankrupt, within the meaning of the acts of Congress, relating to bankruptcy; that he had been -duly appointed trustee of the estate of the bankrupt, and had executed bond and
Subsection 4 of section 8, art. 1, of the Constitution of the
In Bank of Columbia v. Overstreet, 73 Ky., 151, it was decided by this court that all laws of Congress enacted pursuant to the powers delegated to it by the federal Constitution were binding upon the State as well as the federal
For reasons indicated, the judgment is reversed, and the cause remanded for proceedings consistent with this opinion.