Coffee v. Ball, Hutchins & Co.
Texas Supreme Court
Error from Galveston. Tried below before the Hon. A. P. McCormick. This was a suit, brought in the District Court of Galveston county, on the 28th clay of May, 1871, by Aaron Coffee, to set asido a judgment by default that had been rendered by that court, on the 3d of March, against him, in favor of the defendants.
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Error from Galveston. Tried below before the Hon. A. P. McCormick. This was a suit, brought in the District Court of Galveston county, on the 28th clay of May, 1871, by Aaron Coffee, to set asido a judgment by default that had been rendered by that court, on the 3d of March, against him, in favor of the defendants. At the November Term, 1872, of the District Court, a jury was waived, and the case submitted to the court upon the pleadings and an agreed statement of the facts, upon which judgment was rendered for the defendants. The facts, about which there was no controversy, were, as alleged…
1Opinion of the Court
Roberts, Chief Justice.
This suit having been brought in the District Court, and citation having been served upon the appellant before he filed his petition in bankruptcy, the suit on the note thus instituted by appellees did not necessarily abate, for want of jurisdiction, by reason of either the filing of said petition, or by the appellees having proved up *25and presented their claim on said note in the Bankrupt Court, or by his discharge in bankruptcy. (Bump, 114, 115.)
The note, so far as anything appears in the record and judgment complained of, may have been a debt which was not discharged…
2Cases cited2 opinions
- In re RobinsonU.S. Circuit Court for the District of Southern New York · 1868
- Fellows v. HallU.S. Circuit Court for the District of Michigan · 1843
3Cited by16 opinions
- Abilene Independent Telephone & Telegraph Co. v. WilliamsTexas Supreme Court · 1921
- Reynolds v. Volunteer State Life Ins. Co.Court of Appeals of Texas · 1935
- Duncan v. Smith Brothers Grain Co.Texas Supreme Court · 1924
- Citizens' Bank v. BrandauCourt of Appeals of Texas · 1927
- Miller v. ClementsTexas Supreme Court · 1881
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