Conner v. Southern Express Co.
Supreme Court of Georgia
Abatement. Bankruptcy. Before Judge Johnson. Muscogee Superior Court, May Term, 1870. Conner brought ease against said Company for the loss of his goods. When the cause was called for trial, defendant’s counsel said plaintiff could not proceed because, pendente lite, Conner was adjudged a bankrupt. This was admitted, and plaintiff’s counsel then proposed to make Conner’s assignee in bankruptcy a party plaintiff.
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Abatement. Bankruptcy. Before Judge Johnson. Muscogee Superior Court, May Term, 1870. Conner brought ease against said Company for the loss of his goods. When the cause was called for trial, defendant’s counsel said plaintiff could not proceed because, pendente lite, Conner was adjudged a bankrupt. This was admitted, and plaintiff’s counsel then proposed to make Conner’s assignee in bankruptcy a party plaintiff. It was replied that he had been discharged and this was admitted; but the assignee was present and consented to be made a party. The Judge said the cause had abated, and refused to…
1Opinion of the CourtMcCay, J.
This is an anomalous case. Pending the proceedings in bankruptcy, and until the assignee was discharged, we are not clear that, under the Bankrupt law of the United States the bankrupt could proceed in his own name: United States Bankrupt Law, sections 18, 43, 16. Though it would seem that, by the English practice, where the rules of pleading too are very precise, the suit may proceed in the name of the bankrupt: 2 Wilson, 372; 3 T. R., 437; 7 East, 64; 1 T. R., 463; 1 B. and Adol., 459; 2 Daniel and L., 49; 3 Taunt, 59, and Peck vs. Jenniss, et al., 7 Howard, 612.
But it appears that the…
2Cases cited1 opinion
- Cunningham v. CoyleCourt of Appeals of Texas · 1884
3Cited by6 opinions
- Gate City Cotton Mills v. MillsSupreme Court of Georgia · 1907
- Palm Beach Investment Properties, Inc. v. DingmanCourt of Appeals of Georgia · 1972
- Peery v. CarnesSupreme Court of Missouri · 1885
- Bennett v. Associated TheatersMichigan Supreme Court · 1929
- Miller v. SmithSupreme Court of Georgia · 1911
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