Wolffe v. Eberlein
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by Mrs. Celestine Eslava, against Frederick Wolffe; was founded on a judgment for $777, besides costs, which the plaintiff had recovered against the defendant,, on the 18th March, 1868, in the City Court of Mobile; and was commenced on the 7th August, 1880. The plaintiff having died, pending the suit, her death was suggested on the record, and the action was revived…
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Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by Mrs. Celestine Eslava, against Frederick Wolffe; was founded on a judgment for $777, besides costs, which the plaintiff had recovered against the defendant,, on the 18th March, 1868, in the City Court of Mobile; and was commenced on the 7th August, 1880. The plaintiff having died, pending the suit, her death was suggested on the record, and the action was revived in the name of George Eberlein as her administrator. After the revivor of the action, the defendant pleaded, “ in short…
1Opinion of the CourtSomerville, J.
— The proposition is not denied, that where a debt has been discharged by a decree in a court of bankruptcy, it may, in a certain sense, be revived, so as to *103renew its legal obligation, by an express and unequivocal promise to pay it, made by the debtor subsequent to the date of discharge. The authorities are in perfect harmony as to this principle, the only conflict of opinion being as to cases where the debtor makes a promise to pay prior to obtaining his certificate of discharge. — Evans v. Carey, 29 Ala. 99; Bishop on Contr. § 448; Allen v. Ferguson, 18 Ala. 1; Knap v. Hoyt, 57 Iowa, 591;…
2Cases cited17 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Depuy v. SwartNew York Supreme Court · 1829
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Allen v. KellamSupreme Court of Alabama · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Herrington v. . DavittNew York Court of Appeals · 1917
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Webb v. SprottSupreme Court of Alabama · 1932
- Meyer & Co. v. SulzbacherSupreme Court of Alabama · 1884
- Torry v. KraussSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.