Ashley's Adm'r v. Robinson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. JohN Gill Shobteb.. This action was instituted by tbe administrator of Jobn G. Asbley, deceased, against Setb Eobinson, to recover tbe amount due on a judgment rendered in favor of .said Asbley, against said Eobinson, in March, 1839. The defendant pleaded bis discharge in bankruptcy under tbe act of congress of 1841, which tbe plaintiff impeached for fraud; tbe specifications of fraud, so far as material to…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. JohN Gill Shobteb.. This action was instituted by tbe administrator of Jobn G. Asbley, deceased, against Setb Eobinson, to recover tbe amount due on a judgment rendered in favor of .said Asbley, against said Eobinson, in March, 1839. The defendant pleaded bis discharge in bankruptcy under tbe act of congress of 1841, which tbe plaintiff impeached for fraud; tbe specifications of fraud, so far as material to an understanding of tbe case as here presented, being the willful and fraudulent omission, from tbe defendant’s schedule,…
1Opinion of the CourtWalker, J.
Prior reasonable notice, specifying in writing the fraud or concealment, for which a bankrupt's certificate of discharge is assailed, is expressly required by the act of congress. — 5 U. S. Statutes at large, 444. A creditor, therefore, cannot be permitted to contest such certificate upon any ground not stated in the written notice previously given. — Stewart & Fontaine v. Hargrove, 23 Ala. 429 ; Petty v. Walker, 10 Ala. 319. The notice, initiating the contest of the appellee’s bankruptcy, charged as the grounds of the contest a willful and fraudulent omission to insert in his schedule of his…
2Cases cited6 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Pearsall v. McCartneySupreme Court of Alabama · 1856
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Stewart v. HargroveSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ross v. StateIndiana Supreme Court · 1907
- Jones v. StateCourt of Criminal Appeals of Alabama · 1973
- Andrews v. MatherSupreme Court of Alabama · 1901
- First National Bank v. Ridenour, Baker & Co.Supreme Court of Kansas · 1891
- Kraus v. HaasCourt of Appeals of Texas · 1894