Sutherland v. Lasher

A motion is made by the judgment debtor, who has, since the rendition thereof, passed through voluntary bankruptcy, to vacate and cancel the judgment, and to vacate and set aside an execution which has recently been issued thereon. The plaintiff, who is the judgment creditor, resists the application on the ground that when the defendant filed his petition and schedules praying for a discharge in bankruptcy, the judgment in question was not properly scheduled, it being therein set forth as follows:

The undisputed facts are that the judgment creditor has never resided nor had an office for the…