Upham v. Raymond
Massachusetts Supreme Judicial Court
Contract. Writ dated April 24, 1878, returnable at July term 1878 of the Superior Court. On January 5,1880, the defendant filed an answer setting up a discharge in insolvency in bar.
Read the full summary
Contract. Writ dated April 24, 1878, returnable at July term 1878 of the Superior Court. On January 5,1880, the defendant filed an answer setting up a discharge in insolvency in bar. From the discharge it appeared that the defendant filed his petition in insolvency on December 27, 1878, and that the discharge was granted him on July 24,1879. The plaintiff thereupon filed in the Superior Court objections to the discharge in insolvency, alleging that the discharge was not valid, and was no bar to the action, because the defendant in the insolvency proceedings had concealed a part of his estate…
1Opinion of the CourtMorton, C. J.
It was decided in Kempton v. Saunders, 130 Mass. 236, that the St. of 1879, e. 245, § 4, is applicable to a certificate of discharge granted after its passage upon proceedings begun before, and is constitutional and valid; and that its effect was to provide an exclusive method of annulling a certificate of discharge by an application to the court which granted it, and to prevent its validity from being impeached in any other court. This is decisive of the case at bar. The only difference in the two cases is that, in the case at bar, the suit was begun before the passage of the St. of 1879;…
2Cases cited1 opinion
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
- Wood v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1886