Sutherland v. Davis

The appellant commenced an action in the Cass Circuit Court on the nth day of February, 1869, for the recovery of personal property, which he alleged was wrongfully taken, and unlawfully detained, from him by the appellee.

The appellee answered that after the commencement of the action, on the 3d day of June, 1870; the appellant was adjudged a bankrupt by the district court of the United States for the district of Indiana, on the petition of his creditors, and prayed judgment that the suit abate.

A demurrer to the answer was overruled, and the appellant replied, first, that after the order was…