Dawson v. . Hartsfield
Supreme Court of North Carolina
MotioN for leave to issue execution under C.'^C. P., § 256, heard on appeal at Chambers in 1878, before Seymour, J. The plaintiff on March the 5th, 1868, commenced his action against the defendant and one Parrott for a debt due on their sealed promissory note, and in March, 1869, at Spring Term of Lenoir Superior Court, recovered judgment by default against both.
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MotioN for leave to issue execution under C.'^C. P., § 256, heard on appeal at Chambers in 1878, before Seymour, J. The plaintiff on March the 5th, 1868, commenced his action against the defendant and one Parrott for a debt due on their sealed promissory note, and in March, 1869, at Spring Term of Lenoir Superior Court, recovered judgment by default against both. The defendant filed his petition in bankruptcy on April the 17th, 1868, and on April the 14th, 1869, obtained his discharge. Execution issued on the judgment on May the 1.4th, 1869, on which the sheriff made return that no property…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) Two objections are offered to the defence, which will be successively considered:—
1. It is argued that debts existing at the commencement of the bankrupt proceeding alone are provable against the the bankrupt’s estate, and that the plaintiff’s debt being merged in the judgment subsequently rendered, is neither itself provable nor affected by the discharge.
It is true the bankrupt proceedings all have relation to the time of filing the petition, and as of that date, the bankrupt’s estate is apportioned among his creditors. His future acquisitions and…
2Cases cited4 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Hyman v. . DevereuxSupreme Court of North Carolina · 1871
- Falkner v. . HuntSupreme Court of North Carolina · 1877
- Pugh v. . YorkSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Sanderson v. . DailySupreme Court of North Carolina · 1880
- Simpson v. . SimpsonSupreme Court of North Carolina · 1879
- Balk v. Harris.Supreme Court of North Carolina · 1902
- Boynton v. BallIllinois Supreme Court · 1883
- Leonard v. YohnkWisconsin Supreme Court · 1887
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