B. F. Roden Grocery Co. v. Leslie
Supreme Court of Alabama
Assumpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Assumpsit by B. F. Roclen Grocery Company against J. T. Leslie. Judgment for defendant, and plaintiff appeals.
Read the full summary
Assumpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Assumpsit by B. F. Roclen Grocery Company against J. T. Leslie. Judgment for defendant, and plaintiff appeals. Tbe pleas set up that the debt sued on was contracted prior to the 28th day of November, 1902, and that on that date the defendant filed his petition in bankruptcy in the District Court of the United States for the Middle District of Alabama, sitting at Montgomery, praying to be adjudged a bankrupt under the acts of Congress, and that on February 3, 1903, he was duly discharged from all debts and claims which…
1Opinion of the CourtDowdell, C. J.
The pleas to which demurrers were interposed sufficiently set up the discharge of the defendant in bankruptcy, and hence are not subject to the demurrer on that ground. It was not necessary to the sufficiency of the pleas that they aver that the plaintiff’s debt was scheduled. The failure to schedule the plaintiff’s debt was matter for special replication to the plea setting up the discharge in bankruptcy. There was no error in overruling the demurrers.
It was competent to identify the claim or note sued on as being the one scheduled in the proceedings in bankruptcy. It was likewise…
2Cited by5 opinions
- Smith v. HillMassachusetts Supreme Judicial Court · 1919
- Bevis v. GaySupreme Court of Alabama · 1925
- Chewning v. KnightAlabama Court of Appeals · 1918
- Thomas E. Nix & Son v. ChoateSupreme Court of Alabama · 1927
- Kelly v. DiragoAlabama Court of Appeals · 1940