{
  "id": 1403379,
  "name": "N. Friedman & Sons Cloak Company v. Hogins",
  "name_abbreviation": "N. Friedman & Sons Cloak Co. v. Hogins",
  "decision_date": "1927-11-28",
  "docket_number": "",
  "first_page": "599",
  "last_page": "601",
  "citations": [
    {
      "type": "official",
      "cite": "175 Ark. 599"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "292 S. W. 996",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "173 Ark. 316",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8720547
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      "case_paths": [
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    {
      "cite": "135 S. W. 334",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "97 Ark. 513",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1318795
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      "opinion_index": 0,
      "case_paths": [
        "/ark/97/0513-01"
      ]
    },
    {
      "cite": "115 S. W. 371",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "88 Ark. 519",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1517066
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/88/0519-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T21:22:20.068429+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "N. Friedman & Sons Cloak Company v. Hogins."
    ],
    "opinions": [
      {
        "text": "Kirby, J.\nAppellants brought this suit against A. M. Berry, a nonresident of the State at the time, and had a garnishment issued against Lucile Hogins, who had been appointed receiver in an insolvency proceeding under the State laws, brought on the 19th day of August, 1926, by the said Berry against the Courier-Democrat et al., in which he had been declared an insolvent, and a receiver appointed to take charge of his assets for the benefit of his creditors. The receiver took charge, made an inventory, and sold the merchandise of the insolvent debtor, and placed the proceeds, in the bank.\nAll the creditors of the insolvent debtor, Berry, except the appellants, filed their claims with the chancery court for allowance. On September 19, 1926, appellants brought this suit in the circuit court against Berry, who was a nonresident, having left the State after the \u00a1appointment of the receiver, and had a garnishment issued against said receiver. The receiver filed a demurrer to the complaint, which was sustained, and, upon appellante declining to plead, further, the suit was dismissed, and. from the judgment this appeal is prosecuted.\nIt is contended by appellants that the Federal Bankruptcy Act of 1898, in force, suspends and puts in abeyance the insolvency statutes of the State of Arkansas providing for the distribution of the assets of an insolvent debtor among his creditors, \u00a7\u00a7 5885-5893, C. & M. Digest of the Statutes, and that the order of the chancery court appointing the receiver was void, and in no wise affected its rights under the law to subject the assets of this insolvent debtor to the payment of their debt, and that the court erred in holding otherwise.\n' The court held, in Hickman v. Parlin-Orendorff, 88 Ark. 519, 115 S. W. 371, that the insolvency laws of Arkansas were suspended b3r the Bankruptcy Act of Congress of 1898 and have since that date remained in abe3mn.ce, so far as the3r relate to the same subject-matter and affect the same persons as the \u00a1act of Congress still in force. This holding* was reaffirmed in Roberts Cotton Oil Co. v. F. E. Morse & Co., 97 Ark. 513, 135 S. W. 334, which was distinguished because it did not affect the same persons as the bankruptcy act.\nThis court held, however, in a recent case, International Shoe Company v. Pinkus, 173 Ark. 316, 292 S. W. 996, that, in a jn\u2019oceeding by the insolvent debtor for'the disposition of his assets under the laws of the State, through the chancery court, although: it constituted an act of bankruptcy, it would be binding and effective unless and until the jurisdiction of the Federal court was properly invoked, saying:\n\u201cSimply because an insolvent debtor nnry go into the bankruptcy court, or may be forced to go b3r a petition of creditors, does not prevent him from disposing of all his property for the benefit of all of his creditors, unless the jurisdiction of the bankrupt court is properly invoked, and we therefore conclude that, unless and until the jurisdiction of the bankrupt court is property invoked, the voluntary agreement of the creditors is binding.\u201d\nThe present case is ruled by the Pinku-s case, supra, and, under its (authority, the majority i\u00a9 of opinion that no error was committed in holding the complaint of plaintiff insufficient and dismissing its garnishment and cause of action. The judgment is affirmed.",
        "type": "majority",
        "author": "Kirby, J."
      }
    ],
    "attorneys": [
      "Clinton R. Barry, for \u00a1appellant.",
      "Robert Bailey, for appellee."
    ],
    "corrections": "",
    "head_matter": "N. Friedman & Sons Cloak Company v. Hogins.\nOpinion delivered November 28, 1927.\nClinton R. Barry, for \u00a1appellant.\nRobert Bailey, for appellee."
  },
  "file_name": "0599-01",
  "first_page_order": 615,
  "last_page_order": 617
}