Parks v. Goodwin & Hand
Michigan Supreme Court
Motion for a perpetual stay of execution. Goodwin & Hand recovered a judgment in tbe circuit court of Oakland against Parks, wbo sued out a writ of error from this court, which affirmed the judgment of the circuit court. Between the argument of the cause and the decision of the court affirming the judgment, Parks was discharged in bankruptcy, and now moved for a perpetual stay of execution on the judgment.
1Opinion of the Court
By the court,
Whipple, J.
If a party is sued uppn a claim or demand, from winch he has been discharged by a decree of bankruptcy, he must avail himself of the discharge by an appropriate jilea: if he fails to do this he may be made liable, notwithstanding his discharge. The mode in which a jiarty may avail himself of such a defence, is fully jiointed out in the bankrupt law. The act, however, makes no provision in respect to a case situated as this is. The party had not been discharged when called upon to jilead to the assignment of errors. The case had been argued upon the issue made uji…
2Cited by5 opinions
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