Thatcher v. Rockwell
Supreme Court of the United States
Motion to dismiss a writ of error to the Supreme Court of the State of Colorado, with which is united under Rule 6 a motion to- affirm the judgment. On/the 10th óf June, 1875, Rockwell, the defendant, in error, brought an action of assumpsit against ThatcherStandley-, the plaintiffs in error, in a State court of Colorado. The declaration on which the trial was had contained the common counts only.
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Motion to dismiss a writ of error to the Supreme Court of the State of Colorado, with which is united under Rule 6 a motion to- affirm the judgment. On/the 10th óf June, 1875, Rockwell, the defendant, in error, brought an action of assumpsit against ThatcherStandley-, the plaintiffs in error, in a State court of Colorado. The declaration on which the trial was had contained the common counts only. The original pleas were the general issue, payment, and'.set-off; but-on the 26fh of- -March, 1877, a supplemental plea- was filed, to - the effect that on the 26th of May, 1876, Rockwell had been…
1Opinion of the Court
Me, Chief-Justice Waite,
after stating the case, delivered the opinion of the Court.
By -the. exceptions to the charge a Federal question is undoubtedly presented upon the record. The Court was asked to decide that the proceedings in bankruptcy-were. a bar to. the further prosecution of - the suit in the name of the bankrupt. This was refused, and the’jury were told that they might bring in a verdict for the plaintiff notwithstanding the bankruptcy, if they found in his favor "on the other issues, and the claim had been assigned, as alleged in the replication, more than four months before the…
2Cases cited2 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Herndon v. HowardSupreme Court of the United States · 1870
3Cited by31 opinions
- Meyer v. FlemingSupreme Court of the United States · 1946
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Johnson v. CollierSupreme Court of the United States · 1912
- Gochenour v. Cleveland Terminals Bldg. Co.Court of Appeals for the Sixth Circuit · 1941
- Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983
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