Finney v. Mayer & Co.
Supreme Court of Georgia
Bankruptcy. Judgments. Illegality. Before Judge Hillyer. Fulton Superior Court. October Term, 1877. On August 6th, 1874, Mayer & Go. commenced suit against Finney. On the 14th of the same month the latter filed his petition in bankruptcy. The process attached to the declaration was dated August 18th, and-defendant was served on the 26th. On the preceding day he was adjudged a bankrupt. At the spring term, 1875, of the superior court, the case was continued without an entry.
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Bankruptcy. Judgments. Illegality. Before Judge Hillyer. Fulton Superior Court. October Term, 1877. On August 6th, 1874, Mayer & Go. commenced suit against Finney. On the 14th of the same month the latter filed his petition in bankruptcy. The process attached to the declaration was dated August 18th, and-defendant was served on the 26th. On the preceding day he was adjudged a bankrupt. At the spring term, 1875, of the superior court, the case was continued without an entry. The succeeding fall term convened on October 3d, and on the next day defendant was discharged in bankruptcy by the…
1Opinion of the Court
Bleckley, Justice.
By statute, the commencement of suit is the filing of the declaration. There was due service, and’ no further proceedings .took place until after the discharge in bankruptcy was granted. There was full opportunity to plead the discharge before judgment was rendered. There is no legal basis for the affidavit of illegality. It cannot vacate the judgment; most certainly, the judgment is not void, but valid and conclusive.
Judgment affirmed.
2Cited by8 opinions
- Farmers & Traders' Bank v. University Publishing Co.Court of Appeals of Georgia · 1911
- McDougald v. Chattanooga Medicine Co.Court of Appeals of Georgia · 1912
- Crawford v. Bostwick-Goodell Co.Supreme Court of Georgia · 1914
- Riggs v. KinneyCourt of Appeals of Georgia · 1927
- Edison Provision Co. v. Armour & Co.Court of Appeals of Georgia · 1935
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