Conway v. Seamons
Supreme Court of Vermont
Debt on judgment brought in the Municipal Court of Rutland. Judgment for the defendant. The writ was dated May 12th, 1882, and declared in debt on a judgment rendered by said court, July 5th, 1880, which last judgment was upon a judgment rendered by a justice of the peace, July 19th, 1874. After the rendition of the judgment declared upon in this suit, the defendant filed his petition in the Court of Insolvency for the District of Rutland, and the same was duly proceeded…
Read the full summary
Debt on judgment brought in the Municipal Court of Rutland. Judgment for the defendant. The writ was dated May 12th, 1882, and declared in debt on a judgment rendered by said court, July 5th, 1880, which last judgment was upon a judgment rendered by a justice of the peace, July 19th, 1874. After the rendition of the judgment declared upon in this suit, the defendant filed his petition in the Court of Insolvency for the District of Rutland, and the same was duly proceeded with ; and the defendant duly obtained his discharge as an insolvent debtor from all debts and claims which by law he might…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
A discharge under our insolvent law does not bar a debt contracted before its passage, the creditor in no way becoming a party to the proceedings in insolvency. Bixby v. Woodward, Windham County, Feb. Term, 1882. Under the United States Bankrupt Act of 1841, it was held in this State that a judgment on a debt existing at the time of the adjudication of bankruptcy and provable under said act, obtained after adjudication and before certificate granted, was discharged by the certificate. Harrington v. McNaughton, 20 Vt. 292; Downer v. Rowell, 26…
2Cases cited9 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Clark v. . RowlingNew York Court of Appeals · 1850
- Wyman v. MitchellNew York Supreme Court · 1823
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Monroe v. . UptonNew York Court of Appeals · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robinson v. LeachSupreme Court of Vermont · 1895
- Hundley v. ChaneyCalifornia Supreme Court · 1884