Legal Opinion

Hynson v. Burton

Supreme Court of Arkansas

Decided January 15, 1844PublishedCited by 3 opinions

This was an action of debt determined in the Independence circuit court in August, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Hynson filed his declaration against Burton, on a bond for $2,556 18, executed by him to Hynson, due one day after April 12, 1842; and his affidavit for attachment and bond, on which a writ of attachment’issued, and was levied on certain property, and served on divers garnishees.

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This was an action of debt determined in the Independence circuit court in August, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Hynson filed his declaration against Burton, on a bond for $2,556 18, executed by him to Hynson, due one day after April 12, 1842; and his affidavit for attachment and bond, on which a writ of attachment’issued, and was levied on certain property, and served on divers garnishees. After return amended and motion to set it aside overruled, the defendant filed pleas of payment posé diem and set off, and a plea of accord and satisfaction, alleging…

1Opinion of the Court

By the Court,

Sebastian, J.

The only question which arises on the record is, whether the demurrer to the plaintiff’s replication was rightfully sustained by the court.

By the 3d section of the bankrupt act, the decree in bankruptcy, by mere operation of law, divested the plaintiff of all his property and rights of property at the date of the decree and vested it by force of the decree in the assignees appointed by the court for that purpose. Newball, ex parte, 5 Law Rep. 507. Tbfo matter arising since the last continuance of the cause was properly pleaded, and if not denied .or avoided, it might…

2Cases cited2 opinions

  1. Burnham v. WinsorDistrict Court, D. Massachusetts · 1843
  2. Cunningham v. CoyleCourt of Appeals of Texas · 1884

3Cited by3 opinions

  1. Board of Directors v. DunbarSupreme Court of Arkansas · 1913
  2. Chellis v. CobleSupreme Court of Kansas · 1887
  3. Burton v. HynsonSupreme Court of Arkansas · 1853

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