Bankruptcy. Title of Trustee. Liens Invalid as to Creditors. Attachments. Preservation of Liens. Counsel Fees

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<ul><li><p>Bankruptcy. Title of Trustee. Liens Invalid as to Creditors. Attachments. Preservation ofLiens. Counsel FeesSource: The Virginia Law Register, Vol. 10, No. 11 (Mar., 1905), p. 1030Published by: Virginia Law ReviewStable URL: http://www.jstor.org/stable/1100718 .Accessed: 14/05/2014 11:40</p><p>Your use of the JSTOR archive indicates your acceptance of the Terms &amp; Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp</p><p> .JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact support@jstor.org.</p><p> .</p><p>Virginia Law Review is collaborating with JSTOR to digitize, preserve and extend access to The Virginia LawRegister.</p><p>http://www.jstor.org </p><p>This content downloaded from 193.105.154.80 on Wed, 14 May 2014 11:40:42 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/action/showPublisher?publisherCode=vlrhttp://www.jstor.org/stable/1100718?origin=JSTOR-pdfhttp://www.jstor.org/page/info/about/policies/terms.jsphttp://www.jstor.org/page/info/about/policies/terms.jsp</p></li><li><p>1030 10 VIRGINIA LAW REGISTER. [March, </p><p>BANKRUPTCY-TITLE OF TiLUSTEE-LIENS INVALID AS TO CREDITORS-AT- TACHMENTS-PRESERVATION OF LIENS-COUNSEL FEES.-In Receiver8 of Va. I. C. &amp; C. Co. v. Staake (C. C. A., Fourth Circuit, on appeal from the District Court of the U. S. for W. D. of Va.,) 133 Fed. 717, the following is the syllabus: </p><p>1. The rule that the trustee takes the estate of the bankrupt in the same plight as the bankrupt held it is not applicable to liens which, although valid as to the bankrupt, are invalid as to creditors. </p><p>2. Bankr. Act July 1, 1898, c. 541, sec. 67f, 30 Stat. 565 (U. S. Comp. St. 1901, p. 3450), provides that attachments and other liens obtained against an insolvent within four months prior to the filing of a petition in bankruptcy against him shall be void in case he is adjudged a bankrupt, and the property affected by such attachments or liens shall be released from the same, and pass to the trustee as part of the estate of the bankrupt, unless the court shall order the lien to be preserved for the benefit of the estate. Creditors of an insolvent attached, under the Virginia law giving them that right, property which the insolvent had conveyed, but deeds to which had not been recorded. After the attachment the deeds were recorded, and within four months from the attach- ment the insolvent was adjudged a bankrupt. HIeld, that the attachment liens could be preserved for the benefit of the bankrupt's estate, although the property subject thereto did not belong to the bankrupt, except as to the attaching credi- tors, and could not have been reached by the trustee, except for the attachments. </p><p>3. It was proper for the bankruptcy court to allow attachment creditors who had obtained liens on property which the trustee could not have otherwise reached a reasonable compensation for attorney's fees, on ordering the attach- ment liens preserved for the benefit of the estate. </p><p>CRIMINAL LAW-CHANGES IN CRIMINAL PRACTICE -The changes in criminal practice suggested by our correspondent, Mr. S. B. Whitehead, in our January number (10 Va. Law Reg. 843), have attracted the attention of the Editor of the National Corporation Reporter, who says that the argument is logical, but not likely to meet the approval of the members of the Criminal Court bar. </p><p>PERSONAL RIGHTS-PERFORMING MAJOR OPERATION WITHOUT PATIENT'S CONSENT.-In the case of Pratt v. Davis, reported in Chicago Legal News, Feb- ruary 18, 1905, the Appellate Court of Illinois, 'First District, held that a free citizen's first and greatest right, which underlies all others-the right to the in- violability of his person; in other words, the right to himself-is the subject of universal acquiescence, and this right necessarily forbids a surgeon or physician, however skillful or eminent, who has been asked to examine, diagnose, advise and prescribe, to violate, without permission, the bodily integrity of his patient by a major or capital operation, placing him under an anaesthetic for that pur- pose and operating on him without his consent or knowledge; that while it May be assumed, for the purposes of this case, that as the husband is the head of the family, and naturally the protector and guardian of an insane wife's interests, consent by him, implied or expressed, would justify the defendant and avoid the liability charged against him in this action, to make good this defense, after it has appeared that no consent of the patient herself can be shown, the defendant </p><p>This content downloaded from 193.105.154.80 on Wed, 14 May 2014 11:40:42 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/page/info/about/policies/terms.jsp</p><p>Article Contentsp. 1030</p><p>Issue Table of ContentsThe Virginia Law Register, Vol. 10, No. 11 (Mar., 1905), pp. 963-1054Injunotion against Cutting Timber. Method of Procedure [pp. 963-969]Disposition of Land by Will in England [pp. 969-971]Recent Virginia Decisions Reported in FullSupreme Court of Appeals of Virginia. Richmond Passenger &amp;Power Co. v. Allen. February 2, 1905. [49 S. E. 656.] [pp. 972-974]Savage et al. v. Bowen et al. Supreme Court of Appeals of Virginia. February 2, 1905. [49 S. E. 668.] [pp. 974-982]In the Circuit Court of Tazewell County. Norfolk &amp;Western Railway Company v. Graham Land and Improvement Co. and Others. June, 1904 [pp. 983-990]Circuit Court of the City of Richmond. Maury &amp;Co. v. Western Union Tel. Co. March 31, 1886 [pp. 991-994]Circuit Court of Alleghany County. Kennedy v. Western Union Telegraph Co. December, 1904 [pp. 995-1001]Circuit Court of King George County. Tayloe v. Rose. December 1, 1904 [pp. 1002-1007]Virginia State Corporation Commission. Alexandria. Commonwealth of Virginia, at the Relation of the State Corporation Commission v. Washington, Alexandria &amp;Mount Vernon Railway Company. February 9, 1905 [pp. 1008-1014]</p><p>Digest of Other Recent Virginia DecisionsVirginia Portland Cement Co. v. Luck's Adm'r. January 12, 1905. [49 S. E. 577.] Death of Servant. Action. Declaration. Sufficiency as against Demurrer. Instructions. Review. Care Required of Master. Contributory Negligence. Evidence. Sufficiency [pp. 1015]Rixey v. Rixey et al. January 12, 1905. [49 S. E. 586.] Parent and Child. Conveyances between. Presumption of Validity. Burden of Proof. Consideration [pp. 1016]Johnson et al. v. Black et al. January 26, 1905. [49 S. E. 633.] Equity. Multifariousness. Public Offices. Payment of Illegal Salaries. Suit by Taxpayer. Jurisdiction. Laches. Limitations [pp. 1016]Crall et al v. Commonwealth. January 26, 1905. [49 S. E. 638.] Peddlers. License. Peddling by Corporation. Liability of Officers. Sales [pp. 1017]Swift &amp;Co. v. Wood et al. January 26, 1905. [49 S. E. 643.] Statutes. Interpretation. Re-Enactment. Notice for Judgment. Service. Computation of Time. Sundays [pp. 1017]Farley v. Thalheimer. January 26, 1905. [49 S. E. 644]. Slander. Privileged Communications. Abuse of Privilege. Malice. Burden of Proof. Questions for Jury [pp. 1018]Wheelwright et al. v. Commonwealth. January 26, 1905. [49 S. E. 647.] Railroad. Parallel Lines. Constitution. Statute. Construction [pp. 1018]Richmond Ice Co. v. Crystal Ice Co. January 26, 1905. [49 S. E. 650.] Landlord and Tenant. Destruction of Buildings. Liability for Rent. Statute. Jury Question. Instruction. Argument of Counsel. Remark of Court. Error [pp. 1019]Stultz v. Pratt. February 2, 1905. [49 S. E. 654.] Quo Warranto. Return of Writ. Return to Special Term. Statutes [pp. 1019-1020]Kloss v. Commonwealth. January 26, 1905. [49 S. E. 655.] Peddlers. Taking Orders by Samples. Construction of Statute [pp. 1020]Globe Furniture Co. v. Trustees of Jerusalem Baptist Church. February 2, 1905. [49 S. E. 657.] Religious Societies. Contracts by Trustees. Judgment. Lien [pp. 1020]Norfolk &amp;W. Ry. Co. v. Town of Suffolk. January 22, 1905. [49 S. E. 658.] Business License. Railroad Companies. Municipal Authority. Constitutional Provisions [pp. 1021]Williamson et al. v. Payne et al. February 2, 1905. [49 S. E. 660.] Appeal and Error. Amount. Burden. Trust Deed. Personal Property. Description. Costs [pp. 1021]Jones v. Commonwealth. February 2, 1905. [49. S. E. 663.] Arson. Evidence [pp. 1021]Powell v. Pierce. February 2, 1905. [49 S. E. 666.] Landlord and Tenant. Covenants to Renew or Pay for Buildings. Satisfaction. Estoppel [pp. 1022]Glenn v. West. February 2, 1905. [49 S. E. 671.] Quieting Title. Right to Sue. Holder of Equitable Title. Trusts. Suits against Trustees. Parties Defendant [pp. 1022]</p><p>Editorial [pp. 1023-1027]Notes of CasesRiparian Rights between High and Low Water Mark [pp. 1028]Libel. Newspaper Publications. Matter Actionable per se [pp. 1028]Separation of Jury. Cf. Sec. 4025, Va. Code 1904 [pp. 1028]Religious Exercises in Public Schools. What Is Sectarian Doctrine [pp. 1028]Sidewalks. Use by Merchants for Business Purposes. Duty to Use Reasonable Care to Keep Safe [pp. 1028]Criminal Law. Murder. Inciting to Suicide [pp. 1028]Rescuer. Negligence of [pp. 1029]Combinations in Restraint of Trade and Inimical to Public Policy. Cf. Sec. 165, Constitution of 1902 [pp. 1029]Unfair Competition. Evidence. Trade Marks Prior Appropriation [pp. 1029]Bankruptcy. Title of Trustee. Liens Invalid as to Creditors. Attachments. Preservation of Liens. Counsel Fees [pp. 1030]Criminal Law. Changes in Criminal Practice [pp. 1030]Personal Rights. Performing Major Operation without Patient's Consent [pp. 1030-1031]Inheritance Tax. Situs of Legacy Where Legatee Dies before Receiving Same. Tax Bill, Sec. 44; Va. Code 1904, p. 2219 [pp. 1031]Gift Causa Mortis. Delivery of Check [pp. 1031]Constitutional Law. Defective Title of Bill. Cf. Sec. 52 of Constitution of 1902 [pp. 1032]Bankruptcy. Preferences. Orders. Date of Presentation [pp. 1032]Commerce. State Regulation. Interstate Shipments. Sec. 1295 Code 1887. Qure: Are Not Secs. 1294c. (24), and 1294l, Va. Code 1904, Unconstitutional as to Interstate Shipments?[pp. 1032-1036]</p><p>Miscellany [pp. 1037-1047]CorrespondenceJurisdiction of the Supreme Court of Appeals. Sec. 3455 Va. Code 1904 [pp. 1048]</p><p>In Vacation [pp. 1049-1050]Book ReviewsReview: untitled [pp. 1051]Review: untitled [pp. 1051]Review: untitled [pp. 1051-1052]Review: untitled [pp. 1052]Review: untitled [pp. 1052]Review: untitled [pp. 1053]Review: untitled [pp. 1053]Review: untitled [pp. 1054]</p></li></ul>

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