Garner v. Hartsfield Loan & Savings Co.

1. Where a discharge in bankruptcy is granted pending a suit commenced in a State court, and the State court, subsequently to the discharge, renders a judgment against the bankrupt, and execution thereon is levied on certain property of the bankrupt, the property, although acquired after his discha/i-ge in ba/nkruptey, is subject to the execution, where the defendant (the bankrupt) in the suit in the State court failed to file a plea setting up his discharge in bankruptcy. In order for the bankrupt “to avail himself of his discharge, he should have -pleaded it in the pending suit. Failing to…