McMinn v. . Allen
Supreme Court of North Carolina
Debt, begun in Henderson Superior Court in 1867, and tried at Spring Term, 1872, before Henry, J. The case is sufficiently stated in the opinion- of the Court. His Honor having ruled that the discharge in Bankruptcy of the defendant, Thomas A. Allen, would not avail, and refused to allow it to be set up, said defendant appealed.
1Opinion of the CourtBoyden, J.
This was an action of debt, commenced under our former system, upon a' constables bond, the defendant, Thomas A. Allen being one of the sureties of the constable. The defendant, after the suit had pended several years, was adjudicated a bankrupt, upon his own petition, obtained his certificate of discharge, and'pleaded the same in bar of the recovery. The only question in the cause is, whether, under the bankrupt law, a surety on. the official bond of a constable, having complied with all the requirements of the law, and obtained his discharge, this discharge can avail in relieving him from…
2Cited by4 opinions
- Simpson v. . SimpsonSupreme Court of North Carolina · 1879
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905
- Steele v. GravesSupreme Court of Alabama · 1880
- Paddleford v. StateMississippi Supreme Court · 1879