Hill v. Smith

This is a suit upon a judgment. The defendant, Warren H. Hill, pleaded a discharge in bankruptcy. Subsequently he died and his executors, the petitioners, took his place. There was a trial before a judge without a jury. The plaintiff introduced proof that the judgment was unsatisfied and rested. The defendants proved the discharge and rested. In rebuttal the plaintiff introduced the schedules, of creditors in bankruptcy of Hill in which schedules the plaintiff’s name did-not appear. The defendants asked for rulings that the burden was upon the 'plaintiff to show that he was not notified of…