Pearce v. Fisher
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by Jim Pearce & Co., against T. H. Fisber for breach of contract. Judgment for defendant and plaintiff appeals. The court erred in refusing to strike plea A and in overruling demurrers to the same. — Secs. 17, 63, 57, Bankrupt Act; Collier on Bankruptcy, 450-1. The transcript of the discharge in bankruptcy was not properly authenticated for its admission in evidence under the Code.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by Jim Pearce & Co., against T. H. Fisber for breach of contract. Judgment for defendant and plaintiff appeals. The court erred in refusing to strike plea A and in overruling demurrers to the same. — Secs. 17, 63, 57, Bankrupt Act; Collier on Bankruptcy, 450-1. The transcript of the discharge in bankruptcy was not properly authenticated for its admission in evidence under the Code. A claim for unliquidated damages is provable in bankruptcy, if for breach of contract, and hence, a discharge releases such damages. — Secs.…
1Opinion of the CourtDowdell, C. J.
The questions presented by the assignments of error arise out of rulings of the court in respect to defendant’s plea designated as plea A. This plea sets up a discharge in bankruptcy of the defendant. After motion to strike and demurrer to plea being overruled, the plaintiff replied generally, and on this issue the case was tried, resulting in a verdict and judgment in favor of the defendant.
The theory. and contention of the appellant is that, the third count of the complaint being in tort and the damages sought to he recovered not being a provable claim, a discharge in bankruptcy furnishes…
2Cases cited5 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Clements v. PearceSupreme Court of Alabama · 1879
- In re HiltonDistrict Court, S.D. New York · 1900
- Cockran v. StateSupreme Court of Alabama · 1871
3Cited by3 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Duncan v. WatsonSupreme Court of Alabama · 1916
- Woodward v. StateAlabama Court of Appeals · 1912