Davenport v. Sackett

Loring, Justice.

This is an appeal from an order granting a motion to vacate a judgment in a suit brought to recover an indebtedness in excess of $21,000. This suit was commenced May 1, 1935. The defendant answered May 20, 1935, and after failing to negotiate a settlement of the matter in controversy he filed a petition in bankruptcy, listing plaintiff’s claim as a liability. He Avas adjudicated a bankrupt on March 12, 1936. On that or the following day he served a supplemental answer upon plaintiff’s attorney setting up the adjudication in bankruptcy and filed the same in court. This pleading…