Howland v. Carson
Ohio Supreme Court
Error to the District Court of Adams county. The plaintiff below, Samuel D. Carson, brought his action to enjoin the collection of a judgment, .stating: 1. That prior to May 30,1868, Howland obtained a judgment against the plaintiff in Adams county, for one thousand dollars and costs, which at that date was a valid debt against him. 2. That on said 30th of May, 1868, plaintiff filed his petition in bankruptcy in the District Court for the Northern District of Illinois, in…
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Error to the District Court of Adams county. The plaintiff below, Samuel D. Carson, brought his action to enjoin the collection of a judgment, .stating: 1. That prior to May 30,1868, Howland obtained a judgment against the plaintiff in Adams county, for one thousand dollars and costs, which at that date was a valid debt against him. 2. That on said 30th of May, 1868, plaintiff filed his petition in bankruptcy in the District Court for the Northern District of Illinois, in which district he then resided, and that such proceedings were had thereon that on the 28th of September, a. d. 1869, he…
1Opinion of the CourtJohnson, J.
In Smith v. Ramsey, 27 Ohio St. 339, it was held that a discharge in bankruptcy can not be collaterally impeached on the ground that it was obtained fraudulently, and that such impeachment can only be had in a direct proceeding in the court granting the discharge.
In Rayl, Adm’x v. Lapham, 27 Ohio St. 452, it was further held that actual notice to the creditors is not essential to the jurisdiction of the court in a bankrupt proceeding, as the main purpose is to secure a proper distribution of the estate among the creditors, and hence, if the bankrupt willfully and fraudulently prevents notice…
2Cases cited9 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Lord v. GoddardSupreme Court of the United States · 1852
- Kellogg v. SchuylerNew York Supreme Court · 1846
- People ex rel. Backus v. SpaldingNew York Court of Chancery · 1843
- Crafts v. BeldenMassachusetts Supreme Judicial Court · 1868
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