Legal Opinion

Alston v. Robinett

Texas Supreme Court

Decided July 1, 1873PublishedCited by 4 opinions

Appeal from Walker. Tried below before the Hon. J. R. Burnett. The facts are sufficiently stated in the opinion and the head-notes. There was no allegation in the replication that the plaintiff had not been duly notified of the proceedings in bankruptcy.

1Opinion of the CourtWalker, J.

The question which this case presents for our decision is one of importance. We are for the first time called upon to decide whether a bankrupt’s discharge can be impeached in a State court for any of the reasons which would prevent the District Court from granting it.

Section 29 of the General Bankrupt Act of March 2d, 1867, enumerates the objections which would be valid against a discharge in bankruptcy. Section 34 of tire same act provides, that a discharge may be contested at any time within two years from its date.

In Corey et al. v. Ripley, 4 Bankrupt Register, 163, it was held that a…

2Cases cited1 opinion

  1. Beardsley v. HallSupreme Court of Connecticut · 1869

3Cited by4 opinions

  1. Fields, Garnishee, and Scott v. RustCourt of Appeals of Texas · 1904
  2. Brown v. CauseyTexas Supreme Court · 1882
  3. Pickett v. McGavickDistrict Court, W.D. Arkansas · 1876
  4. Squyres v. Rowan & Nichols Oil Co.Court of Appeals of Texas · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API