Interstate Electric Co. v. Russell

FOSTER, Justice.

This is a suit on a series of promissory notes, alleged to have been executed by appellees, Timmerman and Russell.

Russell filed a plea of discharge in bankruptcy, whereupon the court ordered the suit abated as to him, and after the evidence was concluded gave the affirmative charge for him. Appellant assigns as error the giving of this charge on the ground that the plea did not justify it, and because the suit had been abated as to him. Notwithstanding the order abating the suit as to him, the cause was tried as though this had not occurred. The discharge in bankruptcy was…