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Minnich v. Gardner, 292 U.S. 48 (1934)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Minnich v. Gardner, 292 U.S. 48 (1934)
Minnich v. Gardner No. 669 Argued March 15, 16, 1934 Decided April 2, 1934 292 U.S. 48
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. If the object of a judgment creditor in having an execution levied on goods of the debtor is merely to obtain a lien, the lien will be postponed in favor of subsequent purchasers and execution creditor; but a subsequent direction to the sheriff to proceed with the the sale has the effect of reviving the priority of the lien as against all other liens or right acquired after such direction. P. 50.
2. This is the general rule, and the rule in Pennsylvania. P. 51.
3. Petition in involuntary bankruptcy was filed seventeen months after levy of execution on personal property of the bankrupt, and nine days after the execution creditor had directed the sheriff to sell. Held, that the lien of the creditor was good. P. 52.
66 F.2d 561 reversed.
Certiorari, 291 U.S. 654, to review the affirmance of an order denying preference to an execution creditor’s lien on a fund resulting from a sale of the goods by the debtor’s trustee in bankruptcy. The order overruled an allowance of the priority by the referee.
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Chicago:
U.S. Supreme Court, "Syllabus," Minnich v. Gardner, 292 U.S. 48 (1934) in 292 U.S. 48 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=CI56D48BQ2JBRY4.
MLA:
U.S. Supreme Court. "Syllabus." Minnich v. Gardner, 292 U.S. 48 (1934), in 292 U.S. 48, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=CI56D48BQ2JBRY4.
Harvard:
U.S. Supreme Court, 'Syllabus' in Minnich v. Gardner, 292 U.S. 48 (1934). cited in 1934, 292 U.S. 48. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=CI56D48BQ2JBRY4.
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