Youngman v. Salvage
North Dakota Supreme Court
Appeal from District Court, Gass county; Charles A. Pollock, Judge. Action by O. B. Youngman against Frederick E. Salvage. From ¡a certain order, plaintiff appeals.
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Appeal from District Court, Gass county; Charles A. Pollock, Judge. Action by O. B. Youngman against Frederick E. Salvage. From ¡a certain order, plaintiff appeals. Tbe effect of a discharge in bankruptcy is determinable by the proper •tribunal before which collection of a debt is sought Re McCarty, 111 Fed. 151; Re Marshall Paper Co. 43 C. C. A. 38, 102 Fed. 872; Re Thomas, 92 Fed. 913; Re Claff, 111 Fed. 506; Re Rhutassel, 96 Fed. 597; Re Mussey, 99 Fed. 71. Discharge or refusal of discharge in one proceeding in bankruptcy is res judicata as to a second proceeding, the claimant not having…
1Opinion of the CourtFisk, J.
The facts necessary to an understanding of the question-involved on this appeal are not in dispute, and briefly stated are as-follows:
In April, 1900, appellant duly recovered a judgment against respondent in a justice court of Cass county for the sum of $206.80, which judgment was thereafter, and on July 5, 1900, duly transcripted and docketed in the office of the clerk of the district court of such county,, where it still remains unsatisfied of record. In January, 1902,, respondent filed in the office of the clerk of the United States district'court in and for the district of North Dakota…
2Cases cited7 opinions
- Bluthenthal v. JonesSupreme Court of the United States · 1908
- Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
- Marshall Paper Co. v. TrainCourt of Appeals for the First Circuit · 1900
- In re KufflerCourt of Appeals for the Second Circuit · 1907
- Pollet v. CoselCourt of Appeals for the First Circuit · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Swanson v. PlowfieldSupreme Court of New Jersey · 1943