Page:Federal Reporter, 1st Series, Volume 10.djvu/919

LINDSAY V. STBIH. 9dt �law of Maryland. Certainly it is more eonsonant with equity that the insolvent assignee should not collect the assets of the insolyent merely to have them wrested from him by the non-resident crediter, and that the domestic crediter should not be compelled to submit to have his claim discharged while another seizes the entire fund which was the consideration of his giving it up. �The only other point made before me on behalf of the attaching creditor was that the state law was passed subsequent to the date of the contract on which the judgment was reoovered, and therefore as to him a nullity. How this might affect the case, if true, it is not necessary to decide, as I do not find it to be the fact. �The legislature of 1880 did materially amend some provisions of the state insolvent law, but the act of that session was, so far as the insolvent proceedings produced in this case are concerned, an amend- ment merely, The state insolvent lawB, although suspended during the period the United States bankrupt acts were in force, have been npon the statute book ai least since 1854. The form in which, for convenience in codifying, amendments are usually framed by the leg- islature of Maryland, — that is,by repealing the old law ai: :1 at the same instant re-enacting it with the amendment incorporated, — has never been held to prevent the continuous operation of the old law. Dashiell v. City of Baltimore, 45 Md. 624. As to voluntary petitions in insolv- ency, — and the proceedings produced in evidence in this case are of that class, — the old law has remained eubstantially unohanged by the act of 1880. �Judgment for the garniahees. ���LiNDSAY V. StEIN.* ' �(Oirentt Court, 8. D. New York. February 24, 1882.) �1. Letters Patbnt— Improvement m Slkbvb Supporters. �The invention described in letters patent No. 202,735, granted to J. P. Lind- Bay, April 23, 1878, for an " improvement in sleeve supporters," whichi consista of a clasp at each ene} of a Connecting web or strap, is not merely a new ap- plication of the invention describod in letters patent No. 156,429, granted to said Lindsay, November 3, 1874, for "stocking supporters." it is au article complete in itself, and involved invention. �•Beported by S. Nelson "White, Es(i., of the New York bar. ��� �