Thornton v. Hogan
Supreme Court of Missouri
Error to Pettis Circuit Court. I. A discharge in bankruptcy regularly granted is a bar to a demand like plaintiff’s in a State court. It can only be impeached in the United States Court, and within two years from its date. (§ 34 Bankr. Act, 1867; Bump Bankr. p. 53, note b.; Coney vs. Ripley, 4 Bank. Rep. 163; Ocean Nat.Bk. vs. Olcott, 46 N. Y. 12 ; Parker vs. Atwood, 52 N. H. 181; Oates vs. Parish, 47 Ala. 157.) II.
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Error to Pettis Circuit Court. I. A discharge in bankruptcy regularly granted is a bar to a demand like plaintiff’s in a State court. It can only be impeached in the United States Court, and within two years from its date. (§ 34 Bankr. Act, 1867; Bump Bankr. p. 53, note b.; Coney vs. Ripley, 4 Bank. Rep. 163; Ocean Nat.Bk. vs. Olcott, 46 N. Y. 12 ; Parker vs. Atwood, 52 N. H. 181; Oates vs. Parish, 47 Ala. 157.) II. A State court cannot declare a discharge in bankruptcy void, for any cause set up in plaintiff’s replication. Thornton’s name and debt were scheduled, and the misdirection of the…
1Opinion of the CourtNapton, Judge
This action was upon a note given to Thornton (the plaintiff), by James and Robert Hogan in 1860 for $921.27, and the defendants being non-residents, an attachment was sued out, and one Chas. S. Bohannon was garnished. The defendants pleaded a discharge in bankruptcy by the U. S. District Court for the Southern District of Illinois in 1868. The plaintiff dismissed as to Jas. Hogan, and admitted the discharge in bankruptcy as claimed in the answer, but alleged, that said discharge was no bar, because the said defendant neither placed the plaintiff in his schedule as a creditor, nor gave the…
2Cases cited8 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Payne v. AbleCourt of Appeals of Kentucky · 1870
- Shelton v. PeaseSupreme Court of Missouri · 1847
- Batchelder v. LowSupreme Court of Vermont · 1871
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3Cited by6 opinions
- Magnus v. KetchamCourt of Appeals for the Seventh Circuit · 1902
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923
- Sawyer v. RectorSupreme Court Of The Territory Of Dakota · 1888
- Brown v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1885
- Collins v. DavidsonOhio Circuit Courts · 1908
1 more not listed; retrieve them via the Exa API.