Page:The Green Bag (1889–1914), Volume 25.pdf/396

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James M. Kerr, of California


to William M. Bulkley, as trustee, creditors were superior to the right of specifically providing in the assignment the assignee; and that the legal question for the payment of certain preferred was one which must be heard and deter creditors, but reserving the right to at mined by the referee in bankruptcy, any time within thirty days pay off and that he must designate in his report the preferred creditors and resume the the persons entitled to receive the assets and business. The attachment dividends that might be paid. The contention of the assignee was that the in New York was made after this assign ment, but before the lapse of the thirty title to the property, it being personalty, days reservation, and without notice, followed the person of the owner, and either actual or constructive, of the passed eo instanto, on the assignment, assignment. Thereafter, and long after to him as assignee. The special term upheld Mr. Kerr's the referee in the New York corporation proceedings had made his report to the contentions, the assignee appealed, and court and the decree of the court had the Appellate Division reversed the been entered, Bulkley, as assignee, filed special term (see Matter of Hurlbert a motion in court to have the decree Brothers & Co., 38 App. Div. 323, 57 amended by substituting his name, as N. Y. Supp. 28). On appeal to the trustee, in front of the name of the Court of Appeals Mr. Kerr's contentions Mecham Arms Company, as the person were all upheld (see Campbell v. Buckley, entitled to receive the dividends under 160 N.Y. 9, 17,64 N. E. 571). Since coming to California Mr. Kerr the decree of the court. On behalf of the attaching creditors, Mr. Kerr opposed has done his most important literary this motion on the grounds: (1) that work in his Cyclopedic Codes of Cali the motion should be made to have the fornia, in six large volumes, comprising matter referred back to the referee, about 9000 large pages, and in his Con solidated Supplement thereto (now in and a motion made before him for sub stitution and a correction of his report, press) bringing the Cyclopedic Codes so that the right to receive the money down to date, consisting of two volumes as between the referee and attaching of about 1500 pages each. This work creditors could be duly litigated; (2) is surely the equal, and in many respects that the assignment was with prefer the superior, of anything of the kind ences, and therefore void as against a ever attempted before, and these Cyclo pedic Codes, in less than a decade, have creditor in New York pursuing the ordi nary remedies by attachment in the New taken their position as a "legal classic." York courts against property located Too much praise cannot be bestowed in that state; (3) that the assignment upon this monumental work. Many was made with reservation of the right lawyers find it all-sufficient for a large to pay off the preferred creditors within and varied practice; and all practitioners thirty days and resume the assets and turn to it first, when a difficult, or new business of the corporation; (4) that or a novel question confronts them. the thirty days had not elapsed when While prepared primarily for the state the attachment was levied, and that of California, this set of Codes — which the title to the property of the cor are in truth what their name would poration was not vested in the assignee indicate, a veritable cyclopedia of law at the time the attachment was levied; and practice — circulates as readily and (5) that the rights of the attaching as extensively, and is as helpful and as