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Fredritz v. Hartman

Supreme Court of Ohio
Jun 16, 1948
82 N.E.2d 93 (Ohio 1948)

Opinion

No. 31468

Decided June 16, 1948.

Supreme Court — Dismissal — No debatable constitutional question involved — Bankruptcy — Farmer-debtors act — Section 203, Title 11, U.S. Code — Petition by farmer-debtor for composition or extension — Action instituted in Common Pleas Court on note against farmer-debtor — Order of attachment of chattels issued before discharge in bankruptcy — Action on note dismissed on ground means of collection taken away — Holding by such court that attachment lawfully issued — Action in Common Pleas Court against sureties on attachment bond — For damages for wrongful attachment — Directed verdict for sureties on ground attachment valid — Affirmance by Court of Appeals — Power to enact bankruptcy laws vested in Congress — Supremacy of federal law — Section 8, Article 1, and Article VI, U.S. Constitution.

APPEAL from the Court of Appeals for Seneca county.

Mr. Elmer McClain, for appellant.

Mr. R.B. Swartzbaugh, for appellees.



It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., TURNER, MATTHIAS and HART, JJ., concur.


Summaries of

Fredritz v. Hartman

Supreme Court of Ohio
Jun 16, 1948
82 N.E.2d 93 (Ohio 1948)
Case details for

Fredritz v. Hartman

Case Details

Full title:FREDRITZ, APPELLANT v. HARTMAN ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: Jun 16, 1948

Citations

82 N.E.2d 93 (Ohio 1948)
82 N.E.2d 93