Legal Opinion

Whyte v. McGovern

Supreme Court of New Jersey

Decided June 15, 1889PublishedCited by 7 opinions

On writ of error to Hudson Circuit. White and Rowland, in 1867, began a suit in the Hudson Circuit against James H. McLaughlin upon an account, in which they recovered a judgment on February 11th, 1869. Pending this suit, to wit, on the 30th day of May, 1868, MoLaughlin filed a petition in bankruptcy in the District Court of the United States for New Jersey, and, on the 25th of May, 1869, obtained a discharge.

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On writ of error to Hudson Circuit. White and Rowland, in 1867, began a suit in the Hudson Circuit against James H. McLaughlin upon an account, in which they recovered a judgment on February 11th, 1869. Pending this suit, to wit, on the 30th day of May, 1868, MoLaughlin filed a petition in bankruptcy in the District Court of the United States for New Jersey, and, on the 25th of May, 1869, obtained a discharge. No application was made to stay the plaintiffs’ suit pending the proceedings in bankruptcy. McLaughlin died June 18th, 1887, and McGovern was ■appointed his administrator. On the 8th of…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The debt for which the plaintiffs’ judgment was recovered was such a debt as might have been proved ■against the debtor’s estate in bankruptcy, and the legal effect of the discharge was to release and discharge the debtor from ■all liability therefor. Rev. Stat. U. 8., § 5119.

For some purposes the original debt is merged in the judgment, and the judgment, for technical reasons, px’ecludes the examinatioxx behind the record for the purposes of examining into the validity of the debt, the judgment record being •conclusive as to all antecedent…

2Cases cited5 opinions

  1. Boynton v. BallSupreme Court of the United States · 1887
  2. Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
  3. Hill v. HardingSupreme Court of the United States · 1883
  4. Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
  5. McDonald v. . DavisNew York Court of Appeals · 1887

3Cited by7 opinions

  1. Colton v. DepewSupreme Court of New Jersey · 1900
  2. State v. City of ElizabethSupreme Court of New Jersey · 1893
  3. Holt v. AkarmanSupreme Court of New Jersey · 1913
  4. Jackson v. ShawCalifornia Court of Appeal · 1937
  5. Scott v. HallSupreme Court of New Jersey · 1900

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