Hawes v. Fette
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. Yaughan, Circuit Judge. The record, as we conceive, presents two questions of law. Eirst. The statute not having begun to run at the date of the adjudication in bankruptcy, and the issuance of the certificate of protection, did the adjudication prevent its beginning ? Second.
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APPEAL from Pulaski Circuit Court. Hon. E. T. Yaughan, Circuit Judge. The record, as we conceive, presents two questions of law. Eirst. The statute not having begun to run at the date of the adjudication in bankruptcy, and the issuance of the certificate of protection, did the adjudication prevent its beginning ? Second. If the statute had begun to run, did the adjudication suspend its operation upon demands duly proved, during the pendency of them in the bankrupt court? Section 5105 of Revised Statutes, U. S., provides, “ no creditor proving his debt or claim shall be allowed to maintain any…
1Opinion of the CourtSmith, J.
The plaintiff was the holder of sundry promissory notes and bills of exchange made and accepted by the defendant, which matured, respectively, on the sixteenth of October, the ninth of November, the sixteenth of November, and the seventh of December, 1875. The action was begun August 19,1882, and the defense was the statute of limitations of five years. The cause was tried before the Circuit Court, a jury being waived, upon an agreed statement of facts.
It appears that the defendant was adjudged a bankrupt, upon his own petition, on the nineteenth of October, 1875, anda certificate of…
2Cases cited1 opinion
- Doe v. ErwinMassachusetts Supreme Judicial Court · 1883
3Cited by1 opinion
- Meyer v. CunninghamSupreme Court of Arkansas · 1938