Bond v. Milliken
Supreme Court of Iowa
Appeal from Hardin District Court.— Hon. J. H. Richard, Judge. Action in equity to establish a judgment existing in plaintiff’s favor against defendant as a lien on certain real property of defendant acquired since the rendition of the judgment. The defendant pleaded a discharge in bankruptcy subsequent to the rendition of the judgment, and asked, by way of cross-demand, that the judgment be canceled.
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Appeal from Hardin District Court.— Hon. J. H. Richard, Judge. Action in equity to establish a judgment existing in plaintiff’s favor against defendant as a lien on certain real property of defendant acquired since the rendition of the judgment. The defendant pleaded a discharge in bankruptcy subsequent to the rendition of the judgment, and asked, by way of cross-demand, that the judgment be canceled. On the trial the only proof introduced was the record on which the judgment was rendered, and the discharge in bankruptcy in the usual form. Thereupon a decree was entered for the defendant and…
1Opinion of the CourtMcClain, C. J.
It appears from the record that the judgment which the plaintiff seeks to have established as a lien against the property of defendant was rendered in an action brought by this plaintiff against this defendant, to recover damages for breach of promise of marriage, and is for the recovery of damages in the sum of $3,000. on that cause of action. Two questions are presented on this appeal: First, as to whether the discharge in bankruptcy pleaded by defendant relieved defendant from liability for the damages recovered in that action, the claim on behalf of the appellant being that her claim is…
2Cases cited5 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- In re FifeDistrict Court, W.D. Pennsylvania · 1901
- In re McCauleyDistrict Court, E.D. New York · 1900
- Biela v. UrbanczykCourt of Appeals of Texas · 1905
- Finnegan v. HallNew York Supreme Court · 1901
3Cited by2 opinions
- Clair v. ColmesMassachusetts Supreme Judicial Court · 1923
- In re WarthDistrict Court, E.D. New York · 1912