Cohen & Kaplan v. Duncan & Johnston

Jackson, Justice.

Duncan & Johnston sued Cohen & Kaplan on two promissory notes. The defendants filed a plea that they had been adjudicated bankrupts, and therefore the court could not enter judgment against t'hem until the question of their, final discharge was determined, there having been no unnecessary delay in the bankrupt proceedings.

They called the plea a plea to the jurisdiction ; it should have been more properly styled a plea to stay the proceedings until the final discharge. The name, however, makes no difference.

The record discloses the fact that the defendants were-ready to verify…