Park v. Casey
Texas Supreme Court
Error from Rusk. Tried below before the Hon. J. B. Williamson. The opinion and head-notes disclose the material facts. The suit was on a promissory note, and appellants set up that it was payable in Confederate money, etc., but failed to plead their discharge as bankrupts.
1Opinion of the CourtWalker, J.
A discharge in bankruptcy will avail the defendant 'nothing, either in law or equity, unless pleaded. (Fellows v. Hall, 3 McLean, 281; S. C., Ibid., 487.) These were cases decided under the bankrupt act of 1841, but are equally applicable to all similar questions arising under the act of March 2, 1867.
We might refer the decision of this case to the Man-warring cases decided at the present term of the court. The plea of bankruptcy is not a privileged plea, nor is it regarded with such favor, that under the rules of common law practice and pleading, a default would be opened to let in the plea.
B…
2Cases cited1 opinion
- Fellows v. HallU.S. Circuit Court for the District of Michigan · 1843
3Cited by2 opinions
- Herschman v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1915
- Tompkins v. TolandTexas Supreme Court · 1877