Oates v. Parish
Supreme Court of Alabama
Appeal from Circuit Court of Henry, Tried before Hon. J. McCaleb Wiley. This was an action on a bill of exchange, brought by appellant against the appellees. The case was tried in the court below on agreed state of facts and pleading, the substance of which is as follows: Appellees pleaded in due form their plea of bankruptcy, and duly set out their discharges in bankruptcy in bar of the plaintiff’s right of action.
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Appeal from Circuit Court of Henry, Tried before Hon. J. McCaleb Wiley. This was an action on a bill of exchange, brought by appellant against the appellees. The case was tried in the court below on agreed state of facts and pleading, the substance of which is as follows: Appellees pleaded in due form their plea of bankruptcy, and duly set out their discharges in bankruptcy in bar of the plaintiff’s right of action. It was admitted that the certificates of discharge were legally plead and set out as required by the bankrupt act of 1867 and the rules of pleading in Alabama, and that the…
1Opinion of the CourtPeters, J.
There is but one question presented by the record in this ease, and but one that has been argued by the learned counsel in their briefs submitted to the court. That question is this: Can the validity of the discharge of a bankrupt be assailed for fraud in a State court, without first contesting its validity in the federal court in which the certifiicate of discharge had been granted ? This important question depends, for its solution, upon the construction of the act of congress authorizing the discharge. The law is entitled, “ An act to establish a uniform system of bankruptcy throughout the…
2Cases cited1 opinion
- Corey v. RipleySupreme Judicial Court of Maine · 1869
3Cited by6 opinions
- Wiley v. PaveyIndiana Supreme Court · 1878
- Young & Co. v. HoweSupreme Court of Alabama · 1907
- Moore Bros. v. CowanSupreme Court of Alabama · 1911
- Thomas v. JonesWisconsin Supreme Court · 1875
- Brown v. CauseyTexas Supreme Court · 1882
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