70 Vt. 570 | Vt. | 1898
The defendant pleaded his discharge in insolvency in bar of the plaintiff’s action. The plea was traversed. On the trial by the court, the defendant conceded that he formerly resided in the town of Jericho, that he removed to Neponset, Massachusetts, in 1892, where he has ever since
The defendant then offered in evidence the record of the •court of insolvency of the proper district, in which he obtained his discharge. The proceedings in the court of insolvency were commenced May 30, 1896. The petition on which the defendant was adjudged an insolvent was filed by the defendant’s creditors, resident in this State, and sets forth that the defendant then resided in Neponset, but was carrying on business through an agent, or business manager in Jericho, and had committed several acts of bankruptcy within ninety days prior to the filing of the petition. The record is in due form and shows that the defendant was adjudged to be an insolvent; that he appeared and complied with the orders of the court upon him, and in due. course of proceedings obtained his discharge. The record further shows that the plaintiff, with others, intervened in those proceedings and moved to have them dismissed, on the ground that the court had no jurisdiction, which motion was denied and no appeal taken from the decree denying it. The claim in suit was provable in those proceedings, but was not proved, nor did the plaintiff take part therein beyond the motion to dismiss. The court pro-forma against this exception of the defendant excluded the record, on the ground that the court of insolvency had no jurisdiction of the subject matter. The defendant then offered to show that the indebtedness on which he was adjudged an insolvent accrued in the insolvent district before he became a non-resident; that a portion of the plaintiff’s claim accrued before and a part after he became a non-resident, and that when he became anon-resident he left an agent and business manager who remained and acted for him until the adjudication of insolvency. These offers were rejected against the exception of the defendant.
The question presented for consideration is whether the court of insolvency had, on the concession and facts offered
Y. S. 2151 specifies several causes for which creditors may petition their debtor into insolvency. Among them is his departure, or absence from the State, with the intent to defraud his creditors, and his remaining absent or concealed to avoid service of process upon him. It is manifest in such cases he may never return, so .as to come personally within the jurisdiction of the court. V. S. 2152 allows his creditors within ninety days thereafter, or after he has committed the acts of insolvency complained of, to bring a petition, in the insolvency district where he resides, or last resided, to have him adjudged an insolvent. These sections were considered in Whitcomb v. Robbins, 69 Vt. 477. It is there said, “By virtue of these sections of the statute he may be brought within the jurisdiction of our courts for a period of ninety days after the acts of insolvency were committed. The sections last cited show a legislative intent to limit the
This disposes of the questions passed upon by the county court, raised by the bill of exceptions. We have considered no other questions. On these views, with reference to the case presented, the court of insolvency did not have jurisdiction.
Pro-forma judgment affirmed, and cause remanded.