Anderson v. Clark
Supreme Court of Georgia
Bankruptcy. Contracts. New Promise. Judgments. Estoppel. New Trial. Before Judge Fain. Catoosa Superior Court. August Term, 1882. This is an action brought by J. H. Anderson against Clark, administrator of J. M. Anderson, deceased, in the superior court of Catoosa county, on a judgment obtained in the chancery court of Hamilton county, Tennessee, against defendant’s intestate.
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Bankruptcy. Contracts. New Promise. Judgments. Estoppel. New Trial. Before Judge Fain. Catoosa Superior Court. August Term, 1882. This is an action brought by J. H. Anderson against Clark, administrator of J. M. Anderson, deceased, in the superior court of Catoosa county, on a judgment obtained in the chancery court of Hamilton county, Tennessee, against defendant’s intestate. The following agreed state•ment of facts was read to the jury as evidence in the case : “ On the 12th day of April, 1873, J. H. Anderson began an action against J. M. Anderson in the chancery court of Hamilton county,…
1Opinion of the Court
Jackson, Chief Justice.
1. When this case was in this court before, reported in 65 Ga., 518, it was held : ‘ Where, to a suit brought in Georgiaon a judgment rendered in Tennessee,the defendant pleaded his discharge in bankruptcy, and it appeared that he was adjudged a voluntary bankrupt pending the suit in Tennessee, but failed to plead that fact or to ask a stay of proceedings on that account, and the judgment was subsequently rendered, and he thereafter obtained his discharge, that the plea was a valid bar to a recovery; and that the Tennessee judgment did not constitute a new debt, but…
2Cases cited4 opinions
- Steadman v. LeeSupreme Court of Georgia · 1878
- Woods v. JonesSupreme Court of Georgia · 1876
- Ross v. JordanSupreme Court of Georgia · 1879
- Anderson v. AndersonSupreme Court of Georgia · 1880
3Cited by30 opinions
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- Waldroup v. Greene County Hospital AuthoritySupreme Court of Georgia · 1995
- Willingham v. StateCourt of Appeals of Georgia · 1975
- State Farm Mutual Automobile Insurance v. AndersonCourt of Appeals of Georgia · 1963
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
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